Madras High CourtCONT P/271/2022closed

E.Anbu v. Thiru. Arjunan

2023-01-06Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH E.Anbu

...Petitioner

Vs Thiru.Arjunan, The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kanchipuram Region, Kanchipuram - 631 552.

...Respondent

PRAYER: Contempt Petition filed under Section 11 of Contempt of Court Act, to punish the respondent for having committed contempt by willful disobedience of the order of this Court made in W.M.P.No.22367 of 2021 in W.P.No.13792 of 2019 dated 02.11.2021. For Petitioner : Mr.S.T.Varadarajalu For Respondent : Mr.S.Silambanan, AAG assisted by Mr.M.Aswin 1/4

ORDER

The petitioner was dismissed from service on 09.02.2013. The application made by the Management Corporation under Section 33(2)(b) of the Industrial Disputes Act, 1947 was rejected on 12.09.2017. The Management had challenged the same before this Court on 15.04.2019, after more than one year.

2. The workman had filed an application under Section 17-B of the Industrial Disputes Act, 1947, seeking for payment of last drawn wages, and by order dated 02.11.2021, this Court had ordered for payment of wages under Section 17-B of the Act from 12.09.2017. According the workman, the Management had not obeyed the orders of this Court and paid his last drawn wages. In view of such disobedience, the present contempt petition is filed on 27.01.2022.

3. Today, when the matter was called, the learned Additional Advocate General filed an affidavit of the respondent herein, in which, it is stated that a sum of Rs.10,17,537/-, towards the arrears of last drawn 2/4

wages under Section 17-B of the Industrial Disputes Act, was paid to the petitioner.

4. The learned counsel for the petitioner also ratifies that they have received the cheque for the aforesaid sum.

5. In view of the same, the disobedience alleged may not be termed to be willful in nature. Accordingly, the contempt petition stands closed. 06.01.2023 Index:Yes/No Internet:Yes/No hvk To Thiru.Arjunan, The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kanchipuram Region, Kanchipuram - 631 552.

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M.S.RAMESH,J.

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