A.Merlin Thanka Daniel v. Mr.Koshy Mathew
1 Cont.p.Nos.1000&1001 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 27.09.2019
CORAM
THE HONOURABLE MR. JUSTICE SUBRAMONIUM PRASAD Cont.P.Nos.1000 & 1001 of 2019 A.Merlin Thaka Daniel .. Petitioner in Cont.P.No.1000 of 2019 E.Simson Jesudass .. Petitioner in Cont.P.No.1001 of 2019 .Vs.
Mr.Koshy Mathew The Correspondent Secretary, No.497, YMCA College of Physical Education, Nandanam, Chennai 600 035.
..Respondent in both Cont.Ps Common Prayer : These Contempt petitions filed under section 11 of the Contempt of Courts Act, 1971 for deliberately and wilfully disobeying the orders of this Court dated 30.01.2019 in W.P.No.31332 and 31331 of 2016 For Petitioner :
Ms.L.Parvin Banu (both Cont.Ps) for M/s.Row and Reddy For Respondent :
Mr.V.Jayaprakash (both Cont.Ps) COMMON ORDER This Court by an order dated 06.09.2019, has passed the following directions:
"The contemnor is present in
2 Cont.p.Nos.1000&1001 of 2019 Court.
2.It is also stated that a sum of Rs.50,000/- imposed by way of costs stands disbursed in Court and the proof of receipt has been produced today.
3.The learned counsel for the Contemnor prays two weeks to file reply.
4.The principal ground seems to be that the order is impossible for compliance for the reason that the allied proceedings are pending before the Delhi High Court.
5.It is made clear that the reason given by the Contemnor is not accepted and the consequences under the contempt of the Court Act will follow.
Adjourned to 27.09.2019.
6.The presence of Contemnor is dispensed with for the next hearing".
2.The learned counsel for the respondent submitted that a letter dated 25.09.2019, by the YMCA College of Physical Education which reads as under:
Dr.George Abraham, Principal & Secretary 25.09.2019 To 1.Dr.E.Simson Jesudas 2.Dr.A.Merlin Thanka Daniel
3 Cont.p.Nos.1000&1001 of 2019 Sub: Reinstatement of Assistant Professors As per the decision of the College Management Board meeting held on 20th September 2019, instant and as directed by Mr.Bertram Devadas, Officiating General Secretary cum Receiver of National Council of Indian YMCAs. I hereby intimate you to join duty with immediate effect. Your service conditions will be continued as per the original appointment and as per the decision of the Board of Management.
The communication is as per the Hon'ble Madras High Court order dated 30.01.2019. The issue of your back wages will also be complied with the said court order. Sd/-xx Dr.George Abraham Principal & Secretary Copy to 1.Justice Kurian Joseph (Retd), Chairman, YMCA College of Physical Education.
2.Mr.bertram Devasas, Secretary cum Receiver, NCYI 3.Mr.Christopher Vijay, Project Secretary, YMCA College of Physical Education.
3.Though, the petitioners have been reinstated into service and the back wages are yet to be paid. The letter aforesaid mentioned states that the issue of back wages will also be complied with, the contempt petitions are closed. It is directed that the back wages will be paid to the petitioners, within a period of six months from
4 Cont.p.Nos.1000&1001 of 2019 today, failing which, the petitioners are at liberty to initiate fresh contempt proceedings for violation of the order of this Court.
SD/- ASSISTANT REGISTRAR(COMM.CASES) kp //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.
Smi/01/11/2019 To The Correspondent Secretary, No.497, YMCA College of Physical Education, Nandanam, Chennai 600 035.