Madras High CourtCONT P/251/2018closed

V. Lakshmanappa v. Thiru. Gajendran

2019-01-31Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH Cont. Petition No. 251 of 2018 V.Lakshmanappa ..

Petitioner vs.

Gajendran, General Manager, The Management, Tamil Nadu State Transport Corporation (Salem) Ltd., Bharathipuram, Salem Main Road, Dharmapuri - 636 705.

Respondent Petition filed under Section 11 of Contempt of Courts Act to punish the respondent for wilful disobedience of the order and directions of this Court dated 28.06.2017 in WM.P.No.37064 of 2016 in W.P.No. 14332 of 2015. For Petitioner ..

Mr.V.Ajoy Khose for Mr.R.Krishnaswamy For Respondent ..

Ms.S.Rajini Ramadoss

ORDER

Alleging that the order dated 28.06.2017 passed by this Court in WM.P.No.37064 of 2016 in W.P.No. 14332 of 2015 has not been complied with, the present contempt petition has been filed.

2.From the submission of the learned counsel appearing for the respondent, it appears that the petitioner has been reinstated. This factum is not disputed by the learned counsel appearing for the petitioner but the learned counsel counsel has stated that similar wages paid to the similarly placed employee has not been paid to the petitioner.

3.Learned counsel appearing for the respondent has submitted that though the petitioner was given enhanced wages, the comparison sought to be made with similar employee is not correct as that employee does not suffer from any deduction.

4.This Court is not inclined to go into the aforesaid issue. Admittedly, the petitioner has been given enhanced wages. If the petitioner is of the view that he is entitled to get higher wages on par with the so called similarly placed employee, he can file appropriate application before the writ Court. Suffice it to state that in a contempt proceedings, the aforesaid issue cannot be adjudicated upon. Hence this Court is of the view that there is no wilful disobedience on the part of the respondent.

5.Accordingly, the contempt petition is closed, by giving liberty to the petitioner to file appropriate application, if so advised.

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