R.Tamizhvanan v. P.Ravikumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 21.04.2023
CORAM
THE HONOURABLE Mr.JUSTICE M.S.RAMESH R.Thamizhvanan ... Petitioner Vs 1.P.Ravikumar Joint Registrar of Co-operative Societies Salem Region Salem District 2.P.Yokavishnu Deputy Registrar of Co-operative Societies Salem Circle Salem District 3.Dr.K.V.S.Kumar Managing Director Tamil Nadu Co-operative Marketing Federation Limited (TANFED) 91, St. Mary's Road Chennai 600 018 4.K.Paramasivam Regional Manager Tamil Nadu Co-operative Marketing Federation Limited (TANFED) Salem 636 007 ... Respondents Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents for willful disobedience of the order passed by this Court in W.P.No.30263 of 2016 dated 05.01.2022. 1/4
For Petitioner : Mr.R.Jayaprakash For Respondents : Mr.R.Neelakandan Additional Advocate General Assisted by Mr.P.Balathandayutham Special Government Pleader
O R D E R
This petition has been filed alleging that the order of this Court dated 05.01.2022 made in W.P.No.30263 of 2016 has not been complied with.
2. Learned Additional Advocate General submitted that the entire retirement benefits including the gratuity has been settled to the petitioner. Learned counsel for the petitioner also acknowledges such receipt. However, he would submit that the belated payment of gratuity amount would include interest also and therefore, seeks for payment of interest.
3. Strictly speaking, the non-payment of interest may not amount to willful disobedience, since there was no direction to the respondents to pay interest on the belated payment. However, since the Payment of Gratuity Act, 1972, itself provides for payment of such interest on the gratuity, liberty is thereby granted to 2/4
the petitioner to seek for such interest from the respondents. In view of the payment of the retirement benefits, the disobedience alleged cannot be termed as lawful in nature.
With the above liberty, this Contempt Petition stands closed. 21.04.2023 gya M.S.RAMESH, J.
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gya Contempt Petn. No.1062 of 2022 21.04.2023 4/4