Madras High CourtCONT P/2194/2018closed

P.Mahendran v. Shri.Manoj Mishra

2019-06-25Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 25.06.2019

CORAM

The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice M.NIRMAL KUMAR Cont.P.No.2194 of 2018 P.Mahendran ..

Petitioner vs.

Shri.Manoj Mishra Chairman & Managing Director The Fertilizers and Chemicals Travancore Limited, Corporate Office, Udyogmandal Kochi - 683 501, Kerala ..

Respondent Petition filed under Section 11 of Contempt of Courts Act to punish the respondent for willful disobedience of the order passed in W.P.No.14780 of 2015 dated 11.12.2017. For Petitioner ..

Ms.Yogesh Kannadasan For Respondent ..

Mr.M.Vijayan M/s.King & Partridge

ORDER

(Order of the Court was delivered by M.M.SUNDRESH, J.) This petition has filed alleging that terminal benefits have not been paid.

2. A memo has been filed by the learned counsel appearing for the contemnor stating that the terminal https://hcservices.ecourts.gov.in/hcservices/ benefits have been paid. However, the learned counsel for

the petitioner disputes the quantum of payment made. It appears that the dispute is with regard to quantification of gratuity and leave encashment salary. We are of the view that the same constitutes a separate cause of action. Suffice it to state that there is compliance of the order passed. If the petitioner has got any grievance with respect to the actual payment to be made by way of terminal benefits, the remedy for him lies elsewhere.

3. Accordingly, this contempt petition stands closed, giving liberty to the petitioner to take appropriate action in accordance with law, if so advised. Even with regard to the back wages also, the petitioner can work out his remedy in accordance with law. We make it clear that we are not expressing anything on the merits of the claim of the petitioner.

SD/- ASSISTANT REGISTRAR(COMM.CASES) kmk/smv //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.

https://hcservices.ecourts.gov.in/hcservices/ Mv/10/07/2019