K.Irusan v. Natarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 14.10.2015 Coram The Hon'ble Mr. Justice D.Hariparanthaman Contempt Petition No.3374 of 2014 K.Irusan

...Petitioner

Vs Natarajan, General Manager, Kancheepuram Thiruvallur District, Co-operative Milk Producers Union Ltd., Karuvappa Maistry Street, Ayanavaram, Chennai - 600 023.

...Respondent

Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondent for willful disobedience of the order, dated 23.08.2013, passed in M.P.No.1 of 2013, in W.P.No.23286 of 2013. For Petitioner :

Mr.N.Vanaraj For Respondent :

Mr.S.Sathish Rajan

O R D E R

This Contempt Petition is filed against the noncompliance of the order, dated 23.08.2013, passed by this Court in M.P.No.1 of 2013, in W.P.No.23286 of 2013. By the said order, the respondent herein was directed to deposit the backwages payable to the workman/petitioner to the credit of I.D.No.143 of 2007, on the file of the Labour Court.

2.

When this Contempt Petition was taken up for

hearing on the last occasion, i.e., on 09.10.2015, after hearing both sides, this Court passed by the following order :- "The learned counsel for the respondent-Co-operative Milk Producers Union submits that the backwages, was erroneously calculated based on the last drawn wages and the backwages, to which, the petitioner is entitled to will be calculated and the same would be furnished on 14.10.2015. Hence, the respondent is directed to produce the calculation about the backwages and also to deposit the same as directed by this Court. Post on 14.10.2015."

3.

Accordingly, the Contempt Petition is listed today, and when it is taken up, the learned counsel appearing for the respondent/Co-operative Milk Producers Union submitted that the respondent is willing to deposit a sum of Rs.3,14,204/- (Rupees Three Lakhs Fourteen Thousand Two Hundred and Four only) besides the amount already deposited. The learned counsel also produced the copy of the cheque, dated 13.10.2015, drawn in favour of the Presiding Officer, Labour Court, Chennai, and seeks two weeks' time to deposit the said amount to the credit of I.D.No.143 of 2007. The said submission is recorded. The III Additional Labour Court, Chennai, is directed to receive the amount of Rs.3,14,204/-, that would be

deposited by the respondent. The respondent is directed to deposit the amount within a period of three weeks from the date of receipt of a copy of this order. Further direction is issued to the III Additional Labour Court, Chennai, to get the amount deposited in any of the Nationalized Bank in Fixed Deposit for a period of three years and the same shall be renewed periodically till the disposal of the Writ Petition. On such deposit being made, the petitioner/workman is permitted to withdraw the interest accrued thereon once in three months. 4.

In view of the compliance of the order passed by this Court, this Contempt Petition is closed. No costs. sd SD/ DEPUTY REGISTRAR(OS) //Certified to be true copy// Dated at Madras this the day of 2015. 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/16/10/2015 One CC to Mr.N.Vanaraj, Advocate, SR.13197 One CC to Mr.S.Sathish Rajan, Advocate, SR.13219 To The Presiding officer, III Addl.Labour Court, Chennai.

2.The General Manager, Kancheepuram Thiruvallur District Co-op Milk producers Union Ltd., Karuvappa Maistry Street, Ayanavaram, Chennai - 600 023.