A.Elangovan v. Thiru.S.S.Rajmohan And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY 1.A.Elangovan 2.A.Babu Mony 3.S.Viswanathan 4.K.Sampath Kumar 5.N.Kumaravel 6.S.Vijaya Kumar 7.R.S.Tamil Selvan 8.R.Uma Rani ... Petitioner Vs.

1.Thiru S.S.Rajmohan The Managing Director, Tamil Nadu Transport Corporation, (Villupuram) Limited, 3/137, Salamedu, Valutha Reddy Post, Villupuram-605 602.

2.Thiru.Ganapathy The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vellore Region, Rangapuram-Vellore-632 009.

... Respondents PRAYER: Contempt Petition filed under Section 11 of Contempt of Court Act, 1971, praying to punish the respondents for having committed contempt by willful disobedience of the order of this Court made in W.P.No.10137 of 2023 dated 21.04.2023.

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For Petitioner :

Mr.S.T.Varadarajalu For Respondent :

Mr.M.Aswin

ORDER

According to the learned counsel for the petitioners, the respondents have not complied with the order of this Court dated 21.04.2023. The learned counsel submitted that in respect of three persons to whom the respondents have granted the gratuity, still they did not pay the interest even though the Gratuity Act mandates the payment of interest. In respect of the persons to whom gratuity was rejected, the orders are not legally sustainable. Therefore, when this Court has earlier directed to consider the representation, conduct enquiry and pass orders in accordance with law, when the orders of the respondents are not in accordance with the law, then this Court should proceed with the contempt.

2. I have considered the said submissions and perused the materials available on record.

3. The order of this Court dated 21.04.2023 is to consider the 2/5

representation. If the authorities are not satisfied with the representation, this Court had directed them to direct the petitioners to produce further documents and conduct a personal hearing and thereafter, decide the matter. I see from the records that the procedure has been complied with in the instant case and final orders have been passed. If the final orders have been passed rejecting the claim of five petitioners, they have to agitate the same in the manner known to law. Similarly, since there was no order passed to specifically grant interest, it is one thing to contend that the petitioners will be lawfully entitled for interest and another thing to contest that the same would amount to willful disobedience of the order of this Court. Therefore, keeping open the rights of the petitioners to challenge the impugned orders and also to make further claim for interest, this contempt petition is closed as I see no willful disobedience of the order. Accordingly, this contempt petition is closed. 08.04.2024 Index: Yes Speaking Order: Yes nr 3/5

To 1.Thiru S.S.Rajmohan The Managing Director, Tamil Nadu Transport Corporation, (Villupuram) Limited, 3/137, Salamedu, Valutha Reddy Post, Villupuram-605 602.

2.Thiru.Ganapathy The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vellore Region, Rangapuram-Vellore-632 009.

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D.BHARATHA CHAKRAVARTHY, J.

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