JUDGMENT : Jayant Patel, J. 1. The basis for the present cases under the Contempt of Courts Act is the alleged breach and non-compliance to the Order dated 21.09.2016 in Writ Petition Nos.33337/2016 and connected matters, so far as it relates to payment of 50% back wages to the Complainants herein. 2. We have heard Mr. Mukkannappa S.B., learned Counsel appearing for the Complainants and Mr. H.C.Shivaramu, learned Counsel appearing for the Accused. 3. We may, at the outset, record that when this matter was heard earlier on 12.06.2017, the following order was passed: "Pursuant to the earlier order passed by this Court, the accused is present and the Demand Draft bearing No.019378 of Rs. 75,00,000/- dated 12.06.2017 drawn on Bank of India, AECS Layout Branch, in the name of the Registrar General, High Court of Karnataka, Bengaluru, is also tendered with the memo. 2. Mr. H.C. Shivaramu, learned counsel appearing for the accused states that some time may be given to enable the accused to make arrangement for the rest of the amount and he will also come out with the stand of the accused for reinstatement of the workmen concerned. 3. Whereas, Mr. S.B. Mukkannappa, learned counsel appearing for the complainants states that the amount which is being deposited may be permitted to be withdrawn by the complainants. He tenders the copy of the statement of calculation of the respective complainants and as per the said calculation, the total amount of wages being 50% comes to Rs. 1,67,53,000/- out of which, Rs. 1,32,05,500/- is the wages of drivers and Rs. 35,47,500/- is towards wages of the conductors. Said statement is taken on record. If the proportion of the statement of wages claimed is broadly considered, 2/3rd of the amount is to be shared by the complainants-drivers, whereas, the rest 1/3rd of the amount is to be shared by the complainants-conductors. As the amount of Rs. 75,00,000/- has been deposited, in our view Rs. 50,00,000/- can be considered for withdrawal of complainants-drivers and Rs. 25,00,000/- can be considered for complainants-conductors. 4. Considering the facts and circumstances, the disbursement can be considered on lump-sum amount subject to final calculation as may be made and accepted by the Court. As the amount of Rs. 75,00,000/- has been deposited, in our view Rs. 50,00,000/- can be considered for withdrawal of complainants-drivers and Rs. 25,00,000/- can be considered for complainants-conductors. 4. Considering the facts and circumstances, the disbursement can be considered on lump-sum amount subject to final calculation as may be made and accepted by the Court. Further for the purpose of disbursement, the learned counsel for the complainants shall give the details of the bank account of the respective complainants in order to ensure that in future there is no dispute of identity and the amount goes to the account of complainant-workman concerned. 5. Hence, the following: ORDER (i) The office shall encash the demand draft of Rs. 75,00,000/- tendered with the memo of the accused. (ii) Out of the amount of Rs. 75,00,000/- each of the complainants-drivers whose names are mentioned in the list comprising of 34 persons shall disburse the amount of Rs. 1,45,000/- by account payee cheque, after the details are given of the respective bank account of respective complainants-drivers. (iii) Further each of the complainants-conductors, whose names are mentioned on Page No.2 of the list and who are 15 in numbers shall be disbursed the amount of Rs. 1,50,000/- by account payee cheque, after the details are given of the bank account of the respective complainants-conductors. Let the matter be listed on 28.06.2017, with the further observation that on the next date, the accused shall come out with the proposal or mode or manner of offering reinstatement into service and he shall also bring demand draft of Rs. 30,00,000/- towards backwages. It would be open to the accused to submit detail calculation of the backwages after considering the statement submitted by the complainants." 4. Thereafter, the matter was again considered and on 28.06.2017, the following order was passed: Pursuant to the earlier order passed by this Court, the learned Counsel for the Accused has submitted a Demand Draft bearing No.019446 of Rs. 30,00,000/- (Rupees Thirty Lakhs only) dated 27.06.2017 drawn on Bank of India, AECS Layout Branch in the name of the Registrar General, High Court of Karnataka, Bengaluru along with the memo of calculation. As per the learned Counsel, the amount of calculation would come to around Rs. 1,26,54,160/- (Rupees One Crore Twenty- six Lakhs Fifty-four Thousand One Hundred and sixty only) and then also, the total amount deposited is Rs. As per the learned Counsel, the amount of calculation would come to around Rs. 1,26,54,160/- (Rupees One Crore Twenty- six Lakhs Fifty-four Thousand One Hundred and sixty only) and then also, the total amount deposited is Rs. 1,05,00,000/- (Rupees One Crore Five lakhs only) including the present draft of Rs. 30,00,000/- (Rupees Thirty lakhs only) and the balance would remain of Rs. 20,00,000/- (Rupees Twenty lakhs only) to be deposited. Mr.H.C.Shivaramu, learned Counsel for the Accused, under the instructions of the Accused who is stated to be present before the Court, states that the Demand Draft of Rs. 20,00,000/- (Rupees Twenty lakhs only) shall be deposited with this Court if four weeks time is granted. He further states that as per the last order, the Accused had to come out with the proposal of reinstatement but the same has not been done and he seeks time to submit the proposal. As has been noticed, the monthly salary is approximately Rs. 5,00,000/- of the 47 persons who are shown in the list. As the reinstatement has not been effected in any case the amount of Rs. 5,00,000/- towards wages will be required to be deposited. Thereafter, if the reinstatement is effected, there may not be any liability of regular wages but in lieu of reinstatement; regular wages will be available to the Complainants- workmen. Hence, the Accused shall bring the Demand Draft of Rs.25,00,000/- towards arrears and wages for the month of June 2017 and shall also submit a detailed proposal for the reinstatement of 47 workmen. The office shall encash the Demand Draft and shall also disburse the amount in the same proportion as ordered by this Court in the ratio of 2:1 and on compliance of the same terms and conditions as ordered earlier vide order dated 12.06.2017. Put up the matters on 26.07.2017." 5. Today, Mr. H.C. Shivaramu, learned Counsel appearing for the Accused has tendered a memo with demand draft of Rs. 20,00,000/- of Bank of India dated 25.07.2017 in the name of Registrar of High Court of Karnataka, Bengaluru. Office to encash the said demand draft. 6. It was submitted by the learned Counsel for both the sides that the total payment including the demand draft herein towards arrears of wages would be Rs. 20,00,000/- of Bank of India dated 25.07.2017 in the name of Registrar of High Court of Karnataka, Bengaluru. Office to encash the said demand draft. 6. It was submitted by the learned Counsel for both the sides that the total payment including the demand draft herein towards arrears of wages would be Rs. 1,25,00,000/- and therefore payment of Rs.5,00,000/- which was earlier ordered by this Court towards the wages for the subsequent month may be deferred. It was also submitted that there is difference in the calculation of the amount, in as much as, as per the Complainants, the amount recoverable is Rs. 1,67,53,000/- whereas as per the calculation made by the Accused, it is of Rs. 1,26,54,160/-. As per the Accused, out of the aforesaid amount of Rs. 1,26,54,160/-, Rs. 1,25,00,000/- is already deposited and therefore for the remaining amount, let the Complainants agitate the said aspect before the Labour Court and even on the aspects of reinstatement, it was submitted that talks of settlement are going on and the parties may be permitted to agitate the said issue before the appropriate Forum in the event the settlement is not finalized. 7. The learned Counsel for the Complainants submitted that the Complainants have no objections for such course being adopted for agitating the remaining outstanding wages before the Labour Court and for agitating the aspects of reinstatement in the event settlement is not finalized. 8. However, the learned Counsel for the Complainants submitted that since earlier the distribution of the amount was on adhoc basis, now it may be made proportionately since the full amount of Rs. 1,25,00,000/- is already distributed. 9. In our view, when both the parties are agreeable for pursuing the remedy of recovery of the balance amount in the proceedings of the Labour Court, and when both the parties are agreeable to pursue the matter for settlement and in the event the settlement is not arrived at before the appropriate Forum, for reinstatement, such course can be permitted to be agitated. Hence, subject to the aforesaid observations, the present proceedings may not be required to be continued further, so far as alleged breach is concerned. 10. However, on the aspects of disbursement, it appears that initially the amount of Rs. 75,00,000/- was deposited and thereafter Rs. 30,00,000/- and today Rs. 20,00,000/- so total amount deposited would be Rs. 1,25,00,000/-. Hence, subject to the aforesaid observations, the present proceedings may not be required to be continued further, so far as alleged breach is concerned. 10. However, on the aspects of disbursement, it appears that initially the amount of Rs. 75,00,000/- was deposited and thereafter Rs. 30,00,000/- and today Rs. 20,00,000/- so total amount deposited would be Rs. 1,25,00,000/-. If the proportion of the calculation made even as per the Complainants is considered, the drivers were to claim about Rs. 1.32 Crores whereas the conductors were to claim Rs.35 lakhs. That is how, total would be Rs. 1.67 Crores. It is true that initially, the distribution of the aforesaid amount of Rs. 75,00,000/- was on adhoc basis as per the order dated 12.06.2017, but it has been reported that thereafter the amount deposited of Rs.30,00,000/- as per the order dated 28.06.2017 is until now not disbursed because of the late realization of the demand draft. Hence, we find that even if the amount is to be distributed finally, it should be in proportion to the claim of the wages by the respective workers namely the drivers and the conductors as the case may be. If the broad proportion is considered, 21% of the amount will be required to be distributed amongst the conductors whereas 79% of the amount would be required to be considered for distribution to the drivers. If the total amount of Rs. 1,25,00,000/- is taken as the basis, the drivers will be required to be distributed the amount of Rs. 98,75,000/- whereas the conductors would be required to be distributed amount of Rs. 26,25,000/-. But, while finding out the net amount available, the amount already distributed earlier as per the order dated 12.06.2017 would be required to be deducted and the remaining amount will be required to be disbursed amongst the drivers and/or the conductors as the case may be. Since as per the earlier order, Rs. 49,30,000/- were already permitted to be disbursed amongst the drivers, now the drivers would be required to be distributed the amount of Rs. 49,45,000/-. Since earlier the conductors were already distributed amount of Rs. 22,50,000/-, now required to be distributed Rs. 3,75,000/-, but all in equal proportion to the conductors or drivers as the case may be. 11. 49,30,000/- were already permitted to be disbursed amongst the drivers, now the drivers would be required to be distributed the amount of Rs. 49,45,000/-. Since earlier the conductors were already distributed amount of Rs. 22,50,000/-, now required to be distributed Rs. 3,75,000/-, but all in equal proportion to the conductors or drivers as the case may be. 11. Hence, office to disburse the amount by account payee cheque after details are given to the bank account of the respective Complainants/drivers or conductors as the case may be. As per the aforesaid calculation, each conductor will now get amount of Rs. 25,000/- who are 15 in numbers, whereas each driver would get the amount of Rs. 1,45,044/- who are 34 in numbers. After disbursement of the aforesaid amount, if any balance remains, the same shall be transferred in the proceedings of the Principal Labour Court, Bengaluru for its appropriation in the disputes which are already pending before the Labour Court, in accordance with law. 12. The proceedings stand disposed of in terms of aforesaid observations and directions accordingly. 13. In view of disposal of the proceedings, I.A.No.1/2017 would not survive for consideration and hence shall stand disposed of.