Civil Contempt of Court (Writ Petition Order of High court not followed willfully)
Hello
My case is Labour case based on Reference issued from Labour commissioners office. Labour court asked to frame ALL ISSUES together. Currently, we have a Order from Hon'ble High asking Labour court to frame a preliminary issue on maintainibiity of Reference and Jurisdiction of Labour court to hear the reference. High court passed this order based on Writ peition filed by Company. I had asked for all issues to be framed.
since its company challenged the Jurisdiction of Labour court so as per settled law they have to prove and lead evidence that Labour court does have Jurisdiction by proving that I am not a workman.
When Labour asked company to do the same, it directly denied of any challenging maintainibiity of Reference and said High court has not said who has to lead evidence so since I have filed case I have to prove I am a workman, but when judge asked you have challenged the Reference from Government to this company denied and said High court has erred in its order we had not asked for such thing. This is FRAUD. On one basis company got favourable order from high court now to negate the negative side of High court order company denied that basis and again trying to get a favourable order for itself by asking me to lead evidence.
Now company has already done the fraud. Eeven if I prove to Labour court that company is saying false and High court order should be implemented as it is and if Labour court does agree with me and Vacate its Order and ask company to prove I am not workman.
Even Then Can I FILE CONTEMPT OF COURT PETITON FOR THIS CLEAR FRAUD by company (even though the High court Order was implemented after proving fraud of the company).
Please advice