To Constitute Civil Contempt, It Must Be Established That Disobedience Is Wilful, Deliberate And With Full Knowledge Of Consequences : SC [Read Judgment]
The Supreme Court has declined to initiate civil contempt proceedings against the Food Corporation of India, observing that the alleged disobedience was neither wilful nor deliberate.The contempt petitions were filed by several groups of workmen who sought regularization and departmentalization in the FCI. They alleged that the FCI had failed to regularize and departmentalize them as...
The Supreme Court has declined to initiate civil contempt proceedings against the Food Corporation of India, observing that the alleged disobedience was neither wilful nor deliberate.
The contempt petitions were filed by several groups of workmen who sought regularization and departmentalization in the FCI. They alleged that the FCI had failed to regularize and departmentalize them as per the terms of the orders of the Industrial Tribunal, which were affirmed by the SC in 2018.
The Corporation contended that it has already regularised the eligible employees under Direct Payment System (DPS) and nothing further was required to be done. It was urged that in the References before the Industrial Tribunal, the claim was restricted to regularisation of the concerned employees after abolition of the contract labour system. There was no prayer for absorbing the concerned employees under any specific system of regular labour prevailing in the Corporation. The Corporation has four systems of labour engagement, namely, (i) Departmental Labour System, (ii) Direct Payment System, (iii) NoWorkNoPay System and (iv) Mate System.
The FCI submitted that there was no specific direction to regularize the employees in any particular system, and hence their engagement under DPS was sufficient compliance of the Court directions.
A bench comprising Justices A M Khanwilkar and Dinesh Maheshwari agreed with the stand of FCI.
The Court referred to the decision in Ram Kishan vs. Tarun Bajaj & Ors (2014) 16 SCC 204, wherein contours for initiating civil contempt action were delineated. It was observed in that judgment :
"in order to punish a contemnor, it has to be established that disobedience of the order is "wilful". The word "wilful" introduces a mental element and hence, requires looking into the mind of a person/contemnor by gauging his actions, which is an indication of one's state of mind. "Wilful" means knowingly intentional, conscious, calculated and deliberate with full knowledge of consequences flowing therefrom".
It was also observed in that precedent :
"It is well-settled principle of law that if two interpretations are possible, and if the action is not contumacious, a contempt proceeding would not be maintainable".
In the light of the settled principles, the bench observed in the instant case :
"Suffice it to observe that to constitute civil contempt, it must be established that disobedience of the order is wilful, deliberate and with full knowledge of consequences flowing therefrom".
The bench noted that there was no specific direction by the Tribunal to regularize the employees in any particular stream. The HC and SC merely affirmed the directions of the Tribunal.
"the issue as to regularisation of the concerned workmen under particular labour system had not been put in issue before the Tribunal and upto this Court. A general direction came to be issued to regularise and departmentalise them. Resultantly, the respondents were left with the only option to regularise the concerned workmen as per the extant applicable policy of the Organisation, under the Direct Payment System (DPS)", the Court noted.
The Court dismissed the petitions, observing :
"Suffice it to observe that no case for initiating contempt action against the respondent Corporation and its officers has been made out. We need not, therefore, analyse any other aspect of the matter, which would require rewriting of the judgments on the basis of which this contempt action has been instituted. That cannot be countenanced in contempt proceedings".
Case Details
Case Title : The Workmen through the Convenor FCI Labour Federation vs Ravuthar Dawood Naseem and connected cases
Case No : Contempt Petition (C) No.404/2019 and connected cases.
Bench : Justices A M Khanwilkar and Dinesh Maeheshwari
Appearances : Senior Advocates Rana Mukherjee, V Prakash, Colin Gonsalves, Brijendar Chahar for petitioners.
Senior Advocates Mukul Rohatgi, V Giri, for respondents. Advocate Sudarsh Menon for intervenor.
Click here to download judgment
Read Judgment