S.Saravanan v. S.Suresh Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 26.08.2016 Coram The Hon'ble Mr. Justice T.S.Sivagnanam Contempt Petition No.1583 of 2016 S.Saravanan

...Petitioner

Vs.

Mr.S.Suresh Kumar Chairman, Pallavan Grama Bank, Head Office, No.6, Yercaud Road, Hasthampatti Salem - 636 007.

...Respondent

Contempt Petition, filed under Section 11 of the Contempt of Courts Act, to punish the respondent for wilful disobedience of the order passed by this Court in W.P.No.4102 of 2016, dated 03.03.2016.

For Petitioner :

Mr.K.M.Ramesh For Respondent :

Mr.M.R.Ragavan

O R D E R

This Contempt Petition has been filed, to punish the respondent for having committed contempt of Court for willfully disobeying the order and direction issued by this Court in W.P.No.4102 of 2016, dated 03.03.2016. 2.

Heard the learned counsels appearing on either side, and Mr.S.Arunkumar, the Manager of the respondentBank, who is present in Court.

3.

When this Contempt Petition was taken up for hearing on 23.06.2016, certain directions were issued, which are contained in para No.8. For better reference the same is quoted hereinbelow:- " Para No.8 In the light of the above, the following directions are issued:- (i) The writ petitioner-Bank is directed to pay directly to the first respondent-workman, 50% of the backwages, as awarded by the Central Government Industrial Tribunal-cumLabour Court, in the impugned award, within a period of four weeks from the date of receipt of a copy of this order.

Such payment shall be made by way of a demand draft drawn in favour of the first respondent-workman.

(ii) Considering the stand taken by the writ petitioner-Bank before the Central Government Industrial Tribunalcum-Labour Court, which is evident from the counter statement filed by the Bank before the Tribunal, there will be a direction to the writ petitioner-Bank to offer temporary employment to the first respondent-workman with the same monetary benefits, as he was drawing prior to being relieved from duty and this direction shall be complied with within a period of four weeks from the date of receipt of a copy of this order, and (iii) It is made clear that the above directions shall be complied with

by the writ petitioner-Bank and those will be without prejudice to their rights and contentions in the writ petition."

4.

It is admitted by the learned counsel appearing for the petitioner that the direction issued under clause i) of Para No.8, (as quoted supra) has been complied with. Sofar as clause ii) is concerned, the Management states that offer of temporary appointment has been accepted by the petitioner, but he has not joined the duty, for, he wants posting at Dharmapuri, but the Management is ready to offer posting at Salem. The learned counsel submits that the petitioner is now ready and willing to joint duty at Salem. Accordingly, the petitioner is directed to report before the respondent on 31.08.2016, and he shall be issued with an appointment order, posting him at Salem, which the petitioner shall accept, and joint duty on 01.09.2016. 5.

With the above observation, this Contempt Petition stands closed. No costs.

Sd/- JOINT REGISTRAR(OS) sd //Certified to be true copy// Dated at Madras this the day of 2016. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

SS/CO/30/08/2016 To The Chairman, Pallavan Grama Bank, Head Office, No.6, Yercaud Road, Hasthampatti Salem - 636 007.