V.Ravichandran v. L.Mohamed Mansoor,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 15.12.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH V.Ravichandran ... Petitioner in Cont.P.No.973 of 2022 Pandurangan ... Petitioner in Cont.P.No.1265 of 2022 Vs 1.L.Mohamed Mansoor, The Registrar of Co-Operative Societies, Government of Puducherry, Office of the Cooperative Department, V.V.P. Nagar, Thattanchavady, Puducherry - 605 009.
2.A.Irysappan, The Deputy Registrar of Co-operative Society, Government of Puducherry, Office of the Cooperative Department, Thattanchavady, Pondicherry-605 009.
3.P.Karunakaran, Managing Director, Puducherry Co-operative Society Bank, Head Office, Mudhaliyarpet, Puducherry - 605 004.
4.N.Arumugam, The Administrator cum President, Siddhi Vinayagar Farmers Service Co-operative Society, P.25, Nettapakkam, Bank Street, Puducherry - 605 106.
... Respondents in both Cont.Ps.
Common Prayer: Contempt Petitions filed under Section 11 of Contempt of Courts Act, 1971, praying to punish the respondents for contempt of Court for willful disobedience and deliberate non compliance of the Common Order dated 01.09.2021 passed by this Court in WP.Nos.23858 and 23829 of 2014. (In both Contempt Petitions) For Petitioners : Mr.Prakash Adiapadam For Respondents : Mr.J.Kumaran (for R1 & R2) Additional Government Pleader (Pondicherry) Ms.Kothai Muthu Meenal for Mr.P.Suresh (for R3 & R4) COMMON ORDER The petitioners allege contempt of order dated 01.09.2021, wherein this Court at paragraph 5 noted the delay in settlement of pensionary and terminal benefits of the petitioners.
2. In conclusion, I had directed the settlement of the dues within a period of 8 weeks from the date of order. Admittedly, it is only after the contempt petition was filed, that the certain amounts have been paid over to the petitioners. In the counters filed by the 4th respondent, who is the answering
respondent in Cont.P.Nos.973 & 1295 of 2022 respectively, he states as follows:
"I respectfully submit that the terminal benefits paid to the petitioner by way of Banker's Cheques dt. 18.08.2022 for an amount of Rs.40,199/- in accordance with the Co-op. Societies Act, 1973 after deduction of statutory dues payable to the respective societies in consonance with their demands."
"I respectfully submit that the terminal benefits paid to the petitioner by way of Banker's Cheques dt. 18.08.2022 for an amount of Rs.1,50,638/- in accordance with the Co-op. Societies Act, 1973 after deduction of statutory dues payable to the respective societies in consonance with their demands."
3. According to the petitioner, there ought to have been no deduction at all and this aspect of the matter has been dealt with in para No.7 of the rejoinder filed by the petitioners to the counter affidavit.
4. Be that as it may, this Court is not concerned with the aspects of quantification of benefits due, and certainly not at the stage of the contempt petitions. As far as compliance is concerned, I am of the considered view that the respondents have complied with order dated 01.09.2021 though in their
own way, and following a methodology of computation, which is disputed by the petitioner.
5. The petitioners are always at liberty to challenge the orders of computation in accordance with law.
6. With such liberty, these contempt petitions are closed. No costs. kbs 15.12.2022 Index : Yes / No Speaking Order/Non-Speaking Order To 1.L.Mohamed Mansoor, The Registrar of Co-Operative Societies, Government of Puducherry, Office of the Cooperative Department, V.V.P. Nagar, Thattanchavady, Puducherry - 605 009. 2.A.Irysappan, The Deputy Registrar of Co-operative Society, Government of Puducherry, Office of the Cooperative Department, Thattanchavady, Pondicherry-605 009.
3.P.Karunakaran, Managing Director, Puducherry Co-operative Society Bank, Head Office, Mudhaliyarpet, Puducherry - 605 004.
4.N.Arumugam, The Administrator cum President, Siddhi Vinayagar Farmers Service Co-operative Society, P.25, Nettapakkam, Bank Street, Puducherry - 605 106.
Dr.ANITA SUMANTH, J.
kbs 15.12.2022