M. Eswaran v. Srinivas R. Reddy,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2021

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Contempt Petition No.500 of 2020 M.Eswaran

...Petitioner

Vs.

Srinivas R.Reddy The Managing Director, TANTEA Registered Office, Coonoor,Nilgiris District.

...Respondent

Prayer : Contempt Petition filed under Section 11 of the Contempt of Courts Act 1971, to punish the respondent for his willful disobedience and noncompliance of the High Court Common order dated 18.02.2019 passed in W.P.No.1499 of 2019 under the provisions of contempts of Courts Act. For Petitioner : Mr.S.Murugan For Respondent : Mr.AL.Haroon Rasheed For M/s.T.S.Gopalan & Co.

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O R D E R

This Court passed an order on 18.02.2017 as extracted hereunder: "4. The learned counsel appearing on behalf of the respondents has fairly made a submission, by stating that all the writ petitioners are entitled to have their respective retirement and pensionary benefits, as per the rules and regulations in force. However, the respondents 2 & 3 are facing acute shortage of funds and they are not in a position even to run the regular administration and sincere attempts are taken to restore normalcy of administration and to settle the dues to the creditors and the employees. This apart, the learned counsel for the respondents states that they have already, addressed the issues to the Government and in the event of receiving funds, appropriate actions would be taken to settle the terminal and retirement benefits of all the writ petitioners in the order of priority.

5. This being the factum of the case, the respondents are directed to expedite the matter and settle the terminal and retirement benefits of all these writ petitions, as expeditiously as possible and without causing any undue delay."

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2. Out of the 7 petitioners in the common order passed in the writ petitions, one Mr.Eswaran in W.PNo.1499 of 2019 filed the present Contempt Petition on the ground that the leave salary is yet to be settled.

3. The learned counsel appearing on behalf of the respondent made a submission that all other benefits are settled except the leave salary and due to financial crunch, the respondent is paying in accordance with the seniority based on the date of retirement. It is contended that upto 2015, they have settled all the dues to all the employees. The petitioner Mr.Eswaran retired in the year 2016 and therefore, his dues will be settled as early as possible. In view of the fact that the Government is not providing funds immediately to the respondent, it takes some more time to settle the benefits and the respondent has already taken steps and the entire amount will be settled as early as possible.

S.M.SUBRAMANIAM, J.

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kak

4. In this regard, the learned counsel for the respondent undertakes that the amount will be settled as quick as possible. The said undertaking was stated in the affidavit also. In view of the affidavit filed, stating that the dues will be settled soon, the contempt petition stands closed. No costs.

05.02.2021 Index : Yes/No Internet:Yes/No Speaking order / Non-Speaking order kak Contempt Petition No.500 of 2020 4/4