Bombay High Court on Contempt and Reinstatement of Employee: Wilful Disobedience of Tribunal Orders.

Headnote:

The Bombay High Court upheld the Mumbai University and College Tribunal’s order directing reinstatement of a Workshop Instructor with 50% back wages and daily penalty for non-compliance. The Court found the petitioners had willfully defied multiple judicial orders and undertakings by failing to reinstate the employee in the Degree College Section. The petitioners’ claim that the respondent belonged to the Polytechnic Section was held to be an afterthought. The Court directed payment of arrears of ₹6.95 lakh within four weeks and refused to stay the order, citing deliberate disobedience and abuse of process.

Background:

• Respondent appointed on 04.08.2014 as Workshop Instructor (Welder) in the Degree Section of the petitioner’s Mechanical Engineering Department.

• Services terminated on 05.05.2018 for alleged misconduct.

• Mumbai University and College Tribunal (15.03.2019) set aside termination, directed reinstatement with full back wages and ₹20,000 costs.

• Petitioners failed to comply; partial payments made but reinstatement not done.

• Contempt Application No. 05 of 2019 filed; Tribunal ordered 50% back wages for 13.07.2019–06.04.2022, ₹10,000 costs, and ₹500/day penalty for delay.

• Petitioners challenged this order claiming respondent belonged to Polytechnic Section.

Court’s Observations:

• Tribunal’s 2019 order attained finality; compliance mandatory.

• Petitioners’ claim about Polytechnic Section unsupported by records (salary slips, exam duty orders showed Degree College posting).

• Undertakings before Tribunal and High Court were violated; reinstatement letter of 02.05.2023 wrongly placed respondent in Polytechnic Section.

• Court held petitioners guilty of deliberate and wilful disobedience amounting to contempt.

• Ordered reinstatement in Degree Section with continuity in service and arrears payment within four weeks.

• Denied stay of order due to repeated defiance and lack of bona fides.

Legal Provisions Discussed:

• Article 226, Constitution of India – High Court’s writ jurisdiction.

• Contempt of Courts Act, 1971 – Disobedience of judicial and quasi-judicial orders.

• Principles of Natural Justice – Binding compliance with judicial directions.

Citation: 2025:BHC-AS:44913

Case: Ajay Dilip Kapoor, President, Suman Educational Trust & Anr. v. Bhagat Mahesh Bhaga & Ors.

Court: High Court of Judicature at Bombay

Coram: Justice Milind N. Jadhav

Date of Decision: 30 July 2025

Writ Petition No.: 11161 of 2022