S.Radhakrishanan v. Varadarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2017 CORAM :

THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM Contempt Petition No.2498 of 2014 in W.P.No.34564 of 2007 Thiru.S.Radhakrishanan ...

Petitioner Vs.

Thiru.Varadarajan, General Manager, Metropolitan Transport Corporation Ltd., Pallavan House, Anna Salai, Chennai -2.

...

Respondent Prayer : Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondent for willful disobedience of the order passed by this Court in W.P.No.34564 of 2007, dated 15.2.2012.

For Petitioner : Mr.L.Chandrakumar For Respondent : Mr.P.Paramasivadoss

O R D E R

The learned counsel appearing for the petitioner states that the petitioner was reinstated in service and back-wages had also been paid. However, the calculation of back-wages are not in accordance with the award of the Labour Court. In this regard the petitioner states that the respondent has settled with lesser back-wages than that was ordered by the Labour Court.

2. This Court is of the opinion that in respect of the difference in calculation, the same cannot be adjudicated in the Contempt Petition. It is left open to the petitioner to adjudicate the differences in calculation in the manner known to law.

3. However, the learned counsel appearing for the respondent made a submission that the amount of Rs.3,42,371.75/- had been already settled towards backwages to the petitioner. 4.This being the factum of the case, no further adjudication is required in this Contempt Petition. Accordingly, the contempt petition stands closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) ms //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/23/01/2018 one cc to Mr L. Chandrakumar,SR.No.13907.

One cc to Mr. P.Paramasivadoss,SR,No.14266