Madras High CourtCONT P/1029/2020closed

R.Anandhan v. Mr. Muthukrishnan

2021-01-29Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Contempt Petition No.1029 of 2020 R.Anandhan, No.55, Mariayamman Kovil Street, Annai Sathya Nagar, Orikkai Kancheepuram Taluk & District - 631 501 : Petitioner vs.

1. Mr.Muthukrishnan The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vazhuthareddy, Villupuram - 605 602.

2. Mr.Arjunan, The General Mangaer, Tamil Nadu State Transport Corporation (Villupuram) Limited, Kancheepuram Region, Kancheepuram.

3. Mr.Durairaj The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

: Respondents PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondents for willful disobedience of the order passed by this Court in W.P.No.1993 of 2020 dated 21.02.2020 as per the Contempt of Court Act and pass

such further or other orders as this Court may deem fit and proper in the circumstances of this case.

For Petitioner : Mr.N.Desinghu For Respondent : Mr.C.S.K.Sathish Standing Counsel

ORDER

Pursuant to the orders passed by this Court, both the petitioner as well as the respondents have filed a calculation memo. According to the petitioner, the respondent Corporation has to pay the following amount and the tabular column is extracted hereunder:

ELIGIBLE BENEFITS AND AMOUNTS SL.No NAME OF BENEFITS AMOUNTS 1.

Provident Fund Rs.1,29,712/- 2.

Gratuity Rs.3,93,766/- 3.

Commutation Rs.3,24,661/- 4.

Earned Salary Rs. 34,150/- 5.

EWS Rs. 21,930/- Total Eligible Amounts Rs.9,04,219+Interest @ 6% 2.The learned counsel for the petitioner submitted that the respondent Corporation is willing to pay only a sum of Rs.2,82,559/- and the same is in violation of the orders passed by this Court on 21.02.2020.

3.The respondents have filed a memo wherein the total amount claimed by the petitioner is not disputed. However, the actual dispute arises only due to the fact that according to the respondent Corporation an amount of Rs.6,21,660/- is recoverable from the petitioner by virtue of various punishments imposed against the petitioner. According to the respondent Corporation, such recovery can be made as per the 12(3) settlement entered into between the respondent Corporation and the petitioner dated 04.01.2018.

4.Mr.C.S.K.Sathish, learned Standing Counsel appearing on behalf of the respondent Corporation submitted that out of the total amount of Rs.9,04,219/-, if the amount recoverable to the tune of Rs.6,21,660/- is deducted, what remains payable to the petitioner only works out to Rs.2,82,559/- and the Corporation has already made a cheque ready to the petitioner by including the interest, for a sum of Rs.2,96,075/- 5.In the considered view of this court, this Court issued a direction to the respondent Corporation to pass appropriate orders insofar as the encashment of Earned Leave and commutation of pension is concerned. There is no dispute with regard to the total amount of Rs.9,04,219/- payable to the petitioner with interest @ 6%. The dispute is only with regard to the amount recoverable from the

petitioner and the respondent Corporation has taken a stand that the amount recoverable will be deducted and only balance amount will be paid with interest. According to the petitioner, such a recovery cannot be made after retirement. 6.This is a disputed question of fact into which this Court cannot go into in this contempt petition. In the present case, this Court is only concerned with the issue as to whether the respondent Corporation has willfully and wantonly violated the orders passed by this Court. This Court while undertaking such an exercise, cannot go into disputed question of facts and it is something to be independently agitated by the petitioner, if he is aggrieved by the same. 7.In view of the above, it is left open to the petitioner to receive the amount of Rs.

2,96,075/- without prejudice to his right to question the balance amount that has been withheld by the respondent Corporation, in the manner known to law. Except giving this liberty, no further orders can be passed in this contempt petition and accordingly this contempt petition is closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) ssr //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/19/04/2021