WORKMEN OF M/S. BIRLA TEXTILES versus K.K. BIRLA AND ORS.

Citation: [1999] 2 S.C.R. 151 · Decided: 24-03-1999 · Supreme Court of India · Bench: S. SAGHIR AHMAD · Disposal: Disposed off

Judgment (excerpt)

....- -
WORKMEN OF MIS. BIRLA TEXTILES 
A 
v. 
K.K. BIRLA AND ORS. 
MARCH 24, 1999 
[S. SAGHIR AHMAD AND M. JAGANNADHA RAO, JJ.] 
B 
Constitution of India, 1950 : Articles 129, 21 and 32. 
Contempt petition-Shifting of factory to Baddi-Directions issued by 
Supreme Court regarding-Non-implemen~ation of-In MC. Mehta's case C 
[JT (1998) 9 SC 104] Supreme Court directed the Management of a factory 
to allow those workmen, who opted to do so, to join at Baddi on 14115-1-
1999-Certain benefits both to those who opted to join, and to those who 
did not, were also granted-Such directions were given on the assumption 
that the factory was fully functional-However, the workmen who reported 
on the appointed dates were not given jobs as the factory was non-functional D 
and had to return-Therefore, Management was directed to pay to each of 
these workmen a sum of Rs. 30,000 "on account"-These workma'!filed a 
contempt petition against the Management for wilful disobedience of Supreme 
Court's order-But Management could offer jobs only to 937 workmen as the 
factory was still not functional-Held : Under these circumstances, earlier E 
order in MC. Mehta's case modified/or the purpose of its due implementation 
leaving the substance of the order untouched-Contempt cases closed-
Contempt of Courts Act, 1971, S.2 (d) Shifting of factory to Baddi-Following 
directions issued by Supreme Court: 937 workmen to report at baddi and 
sign or put their thumb marks in a register before Deputy Labour 
Commissioner-Rs. 500 to be paid to the workmen to meet the extra travel F 
expenditure-Deputy Labour Commissioner to obtain undertaking from these 
workmen, addressed to Supreme Court, that they will abide by the Rules and 
Regulations or orders applicable to them-Reporting of the workmen at 
Baddi on 14115-1-1999 to be treated as complete and the present order is 
only a subsequent step in implementation of the earlier order-Wages to the G . 
9 3 7 workmen to be paid from date of closure of factory till 15-1-1999 and 
further up to 31-3-1999 together with additional amount due under this or 
earlier order by cheque on or before 7-4-1999-Banks to open account on 
production of certificate of identity to be issued to each workmen by the 
labour Commissioner without insisting on other proof of residence-Those 
workmen (Other than the 937) who had reported at Baddi on 14115-1-1999 H 
. 
151 
152 
SUPREME COURT REPORTS 
[1999] 2 S.C.R. 
A to report at Baddi and remain there till they are given jobs-Regular monthly 
wages to be paid to these workmen during the period of their unemployment-
Same procedure as applicable to the 937 workmen also applicable to these 
workmen. 
Practice and Procedure : 
B 
Earlier order-Passed due to mistake of court-Modification of-Held: 
Could be Modified 
In MC. Mehta's !.:ase JT (1998) 9 SC this Court directed the respondent-
C Management to allow all workmen, opting tQ do so, to join at Baddi on 14-
1-1999 and 15-1-1999. This Court also directed the respondent to grant 
certain benefits to those workmen who reported at Baddi and also to those 
who did not. These directions were given by this Court on the assumption 
that the factory at Baddi was fully functional. 
D 
On the appointed dates the workmen had reported at Baddi but had to 
come back as the factory was not functional and no gate passes were issued 
to-them. Therefore, this Court directed the respondent to pay a sum of Rs. 
30,000 to each of these workmen "on account." 
The appellants-workmen have filed the present contempt petition against 
E the respondents for wilful disobedience of this Court's order. 
F 
On behalf of the respondents it was contended that the factory at Baddi 
was not fully functional and that the respondents could provide jobs to only 
937 workmen. 
Disposing of the contempt petition, this Court 
HELD : 1. In view of the admitted fact that the factory is not fully 
functional the order passed in M.C. Melita's case is modified for the purpose 
of its due implementation, leaving the substratum of the directions untouched. 
CJ 
[156-E] 
2. The following directions are issued : 
(a) The 937 workmen are to report at Baddi once again and sign or put 
their thumb marks in a register before the Deputy Commissioner of Labour 
H on 31-3-1999. [157-A] 
WORKMEN OF M/S BIRLA TEXTILES v. K.K. BIRLA & ORS. 
J 53 
(b) The Management is to pay a sum of Rs. 500 to each of these A 
workmen after they join at Baddi to meet the extra travel expenditure. 

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