A.Sunderdoss v. K.Senathipathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2018

CORAM

THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM Cont.P.No.2082 of 2018 A.Sunderdoss ... Petitioner Vs K.Senathipathi, The General Manager, Taminadu State Transport Corporation (Coimbatore) Ltd, Chennimalai Road, Erode Region, Erode.

... Respondent PRAYER: This Contempt petition is filed under Section 11 of the Contempt of Court Act, praying to punish the respondent for wilful disobedience of the order of this Court dated 27.07.2017 made in W.P.No.9437 of 2017.

For Petitioner : Mr.I.C.Vasudevan For Respondent : Mr.P.Kannan kumar

O R D E R

The present contempt application has been filed with the complaint that the order passed by this Court on 27.07.2014 in W.P.No.9437 of 2017 has not been complied with.

2. The learned counsel appearing on behalf of the writ petitioner admits the fact that the terminal benefits due to the contempt petitioner had already been settled pursuant to

the orders passed by this Court dated 27.07.2017. However, the interest as applicable based on the order passed by the authority under the payment of Gratuity Act, has not been settled. In fact, the Competent Controlling Authority has ordered 10% interest for the gratuity amount. However, the respondent had settled 6% interest for the gratuity amount which was already paid to the petitioner.

3. The learned counsel for the respondent brought to the notice of this Court that, the order passed in W.P.No.9437 of 2017 with reference to the order passed by the Hon'ble Division Bench of this Court in W.A.(MD)No.383 to 457 of 2015 dated 12.06.2015. With reference to the orders passed by the Hon'ble Division Bench, the respondent Transport Corporation has settled 6% interest to all the employees who are all similarly placed. In the event of granting 10% interest for writ petitioner alone, the same will not only cause discrimination, it will also be a wrong precedent and will pave way for other retired employees to once again approach this Court for further relief.

4. In the interest of the public at large, and considering the financial crunch being faced by the Transport Corporation for the past few years, this Court is of the opinion that, the petitioner should be satisfied with the interest amount of 6% already settled in his favour. Thus, no further adjudication needs to be entertained in

respect of the present contempt application. Accordingly, the Contempt petition stands closed. No costs. SD/- ASSISTANT REGISTRAR(COMM.CASES) vum/pkn //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.

PS/02/11/2018 To The General Manager, Taminadu State Transport Corporation (Coimbatore) Ltd, Chennimalai Road, Erode Region, Erode.