N.Venkatapathy v. Mr.J.Titus

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2018

CORAM:

THE HONOURA BLE MR. JUSTICE K.K.SASIDHARAN Contempt Petition No.2241 of 2017 N.Venkatapathy : petitioner versus J.Titus, General Manager, Tamil Nadu State Transport Corporation, Villupuram : respondent Petition filed under Section 11 of the Contempt of Courts Act to punish the respondents for wilfully disobeying the orders of the court dated 28.4.2016 in Contempt petition no.1022/2015 For petitioner :: Mr.N.Suresh For respondent :: Mr.S.Senthil Kumar

O R D E R

The respondent is present in Court today. The respondent initially permitted the petitioner to join duty with effect from 29 April 2016. Subsequently, he was not permitted to work from 4 November 2017 under the pretext that he has not produced Form IV.

2. Since the petitioner has already appeared before the Medical Board and certificate was produced before the respondent, which was taken note of by this Court earlier, the direction to produce Form IV has no factual or legal

basis. When this was pointed out to the respondent, he agreed to regularize the service for the period from 4 November 2017 to today, i.e. 8 March 2017 and pay wages.

3. The respondent, who is personally present today, submitted that he would permit the petitioner to work from tomorrow, i.e. 9 March 2017, onwards, without insisting on Form IV. The respondent has made the following endorsement :- The petitioner joined on 29.4.2016, pursuant to the order passed in Contempt No.1022/2015. He was not permitted to work from 4.11.2017 for non production of Form IV. The period from 4.11.2017 till today (8.3.2018) would be regularized and he will be given wages forthwith. He will be permitted to work from tomorrow (9.3.2018).

4. While closing the contempt, I make it clear that there is no need to produce Form IV by the petitioner in view of his appearance before the Medical Board earlier and the certificate given by the Medical Board indicating the physical disability.

5. I hope that the respondent, henceforth in his service, would not resort to any act, which would directly or indirectly violate the order passed by the Courts.

6. The contempt petition is closed with the above observation. No costs.

7. Since it would take reasonable time to issue a copy of this order, the respondent shall permit the petitioner to work from 9 March 2018 without insisting for a certified copy of the order.

SD/- ASSISTANT REGISTRAR(COMM.CASES) tar //Certified to be true copy// Dated at Madras this the day of 2018. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

CO/10/04/2018 one cc to Mr. A. Antony Arockiyaraja,SR.No.3940.