E.T. SUNUP versus C.A.N.S.S. EMPLOYEES ASSOCIATION AND ANR.

Appellant failed to revoke administrative order banning GPF withdrawal by a formal administrative order, despite Court direction; such failure amounted to contempt as it demonstrated deliberate circumvention and violation of Court orders.

Parties: Appellant/contemnor: E.T. Sunup; Respondent: C.A.N.S.S. Employees Association; Respondent No.2 (discharged): A.C. Saikia
Jurisdiction: India
Judgment Date: 13 October 2004
Procedural Posture: Civil Appeal / Supreme Court Appeal Against Conviction for Contempt by Gauhati High Court
Outcome: Appeal disposed of; conviction for contempt affirmed; sentence modified.
Legal Topics: Contempt of Court, Disobedience of Court Orders, Administrative Orders, General Provident Fund, Judicial Oversight Over Administration

Constitutional Law Administrative Law Labour and Service Law Contempt of Court Disobedience of Court Orders Administrative Orders General Provident Fund Judicial Oversight Over Administration

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Parties

E.T. Sunup

Appellant/contemnor

C.A.N.S.S. Employees Association

Respondent

A.C. Saikia

Respondent No.2 (discharged)

Procedural Posture

Civil Appeal / Supreme Court Appeal Against Conviction for Contempt by Gauhati High Court

Legal Issues

1 Whether appellant committed contempt of court by failing to revoke administrative ban as directed by High Court
2 Whether ban on GPF withdrawal was effectively revoked
3 Whether apology and withdrawal of ban mitigate contempt

Ratio Decidendi

Court Disposition

Appeal disposed of; conviction for contempt affirmed; sentence modified.

Orders

Respondent No.1 convicted for contempt of Court's order.
Fine of Rs. 5,000 imposed on respondent No.1; in default, simple imprisonment for one month.