Ramu, v. P.W.C.Davidar I.A.S.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.03.2019
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA Contempt Petition No.1761 of 2018 Ramu S/o K.Padmanaban ..
Petitioner -vs1. Thiru.P.W.C.Davidar, I.A.S., Principal Secretary to Government Transport Department The Government of Tamil Nadu Fort St.George Chennai 600 009
2. Thiru.A.Dhanulingam Managing Director Metropolitan Transport Corporation Chennai Ltd., Pallavan Salai Chennai 600 002
3. Thiru C.Arumugam The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust Thiruvalluvar House, Pallavan Salai Chennai 600 002 ..
Respondents Petition under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondents for wilful disobedience of the order of this Court dated 26.04.201 made in W.P.No.10484 of 2017.
For Petitioner ::
Mr.D.Veerasekaran For Respondents ::
Mr.M.Palani Government Advocate for R1 Ms.S.Rajini Ramadoss Standing Counsel for R2 & 3
ORDER
After the order passed by this Court directing the respondent-Transport Corporation to settle the retiral benefits with interest at the rate of 6% per annum, the respondents have paid the retiral benefits to the petitioner. But it has been now raised by the learned counsel for the petitioner that as per the wage settlement reached under Section 12(3) of the Industrial Disputes Act, 1947 with effect from 1.9.2013, the second respondent has settled only Rs.28,196/-, whereas the petitioner is eligible from 1.9.2013 to 31.10.2015 and he is to be still settled Rs.37,064/- along with interest. Paragraph-3 of the rejoinder affidavit does not make out any case for giving any more direction.
2. On the other hand, the counter affidavit filed by the respondents shows that the petitioner has been paid with the amount along with interest as detailed below:- Sl.N o.
Retirement Benefits Eligible amount Paid amount 6% interest Paid through Gratuity Rs.6,96,218/- Rs.6,96,218/- Nil Cheque No.318801 dated 31.01.2016 Difference in Gratuity Not eligble Provident Fund Rs.2,91,913/- Rs.2,91,913/- Cheque No.136141 dated 31.12.2015 EL Surrender Rs.21,500/- Rs.21,500/- Rs.2,150/- ECS on 18.09.2018 Settlement arrears Rs.28,196/- Rs.28,196/-
Sl.N o.
Retirement Benefits Eligible amount Paid amount 6% interest Paid through Pension Commutatio n Rs.2,88,297/- Rs.2,88,297/- Rs.33,363 /- ECS on 16.08.2018 Social Security Scheme Rs.20,000/- Rs.20,000/- ECS on 19.08.2018 Total Rs.13,46,124/- Rs.13,46,124 Rs.35,513
3. This has not been disputed by the learned counsel for the petitioner. Therefore, the contempt petition stands closed.
SD/- ASSISTANT REGISTRAR(COMM.CASES) ss //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.
THS/25/03/2019