Madras High CourtCONT P/1049/2018closed

Mr.K. Vajiravelu v. Mr. K. Muthukarruppan,

2019-03-04Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA Contempt Petition No.1049 of 2018 Mr.K.Vajiravelu ..

Petitioner -vsMr.K.Muthukarruppan Managing Director Tamil Nadu State Transport (Villupuram) Limited 3/137, Salamedu Valuthareddy Post Villupuram 605 602 ..

Respondent Petition under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondent for wilful disobedience of the order of this Court dated 26.02.2016 made in W.P.No.7141 of 2016.

For Petitioner ::

Mr.V.S.Jagadeesan For Respondent ::

Mr.A.Antony Arockiya Raja

ORDER

When the contempt petition was taken up, the learned standing counsel for the respondent, drawing my notice to the calculation memo furnished at page 2 of the counter affidavit, submitted that the entire amount has been paid, therefore, the request of the petitioner to disburse the interest part is untenable.

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2. A perusal of the calculation memo filed by the petitioner shows that as on date, the balance amount of retirement dues after calculating interest of 6%, is as follows:- (a) Balance amount of Gratuity to be paid - Rs.1,90,066.00 (b) Balance amount of Leave Salary to be paid - Rs. 88,910.00 (c) Leave on Private Affairs (40394x3) - Rs.1,25,382.00 --------------------- Total Rs.4,04,358.00 ---------------------

3. When there is a claim and counter claim made by both the parties, the petitioner has to work out his remedy only by approaching the Labour Court. Therefore, granting liberty to the petitioner to make any such claim before the Labour Court, if so advised, within a period of two weeks from the date of receipt of a copy of this order, this contempt petition stands closed.

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