Mr.C.Velmurugan v. S.Ramasamy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.01.2020
CORAM
THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM 1.C.Velmurugan 2.K.Rajendiran 3.B.P.Ramakrishnan 4.R.Munusamy 5.A.K.Ranganathan 6.K.Arumugam 7.G.Baskaran 8.D.Sundaramoorthy 9.P.Rukku Ammal 10.R.Jagan 11.R.Baskar 12.G.Mohanam 13.S.Ramanathan 14.D.Srinivasan 15.K.Shanmugam 16.N.Kuppan 17.N.Vijayaragavan 18.L.Swaminathan 19.S.Hari Krishnan 20.B.Mohana 21.C.Rajkumar 22.A.Sivasankaran 23.M.Balaraman 1/5
24.M.Palani (Died) Bhavani W/o.M.Palani Minor Aruna D/o.M.Palani, Rep. by her guardian Bhavani.
25.R.Govindan 26.A.S.Saravanan 27.S.Srinivasan 28.J.Ravichandran 29.M.Mekendiran 30.A.Sambandam 31.G.Venkatesan 32.S.Baskar 33.L.Gunasekaran 34.D.Balaji 35.D.Balaji 36.D.Raghu 37.M.Shanmuga Sundaram 38.S.Venugopal 39.K.Sugumar 40.S.Swaminathan 41.A.Murugavel 42.K.Ravichandran 43.K.Sivasankar 44.L.Manoharan 45.N.Chandrasekaran 46.P.Sampath Kumar 47.T.Gnanasekar 48.S.Balamurugan 49.T.S.Venkadathiri 50.G.Poiyamozhi 2/5
51.S.G.Palani 52.K.Mani 53.R.Ravi 54.G.Kumar
...Petitioners
..Vs..
1.S.Ramasamy, Dy. General Manager, M/s.S.S.Industries Ltd., 204, SIDCO AIEMA Towers, First Main Road, Ambattur Industrial Estate, Chennai - 600058.
2.A.R.Santhanakrishnan, Chairman and Managing Director, M/s.S.S.Industries and Enterprises Ltd., Old No.30, New No.15, Kumaravijayan, Krishnasamy Avenue, Luz Corner, Mylapore, Chennai - 600004.
...Respondents
(Impleaded the proposed 2nd respondent as party respondent as per order of Court dated 15.11.2019 made in Sub.Appl.(OS).
No.381 of 2019 in Cont.P.No.3208 of 2014) This Contempt petition is filed under Section 11 of the Contempt of Courts Act, praying to punish the respondent for wilfully disobeying the direction of this Court dated 19th July 2013 in M.P.No.2 of 2011 in W.P.No.9879 of 2010. For Petitioners : Mr.R.Rajaram For Respondents : Mr.B.Natarajan for R1 Mr.Kuberan for M/s.Rank Associates for R2 3/5
ORDER
The Contempt petition is filed to punish the respondents for willful disobedience of the order of this Court dated 19.07.2013 passed in M.P.No.2 of 2011 in W.P.No.9879 of 2010.
2.This Court passed an order directing the respondents to pay the last drawn wages under Section 17(B) of the Industrial Disputes Act. The complaint of the contempt petitioners is that such direction has not been complied with.
3.The Chairman and Managing Director of the respondent Company one Mr.A.R.Santhanakrishnan, appeared before this Court on 09.01.2020. He made a submission that the Company was closed and liquidation proceedings were initiated and the entire Company administration is now taken over by IPR, Mr.Suresh Kumar.
4.When the assets and liabilities are already taken over by IPR, the Chairman and Managing Director cannot be punished for contempt, as he is not in charge of the Company. This being the factum, with reference to the monetary claim, the petitioners are at liberty to file a 4/5
claim petition before the competent authority for recovery of the dues and by following the procedures contemplated. 5.With this liberty, the Contempt Petition stands closed.
SD/- ASSISTANT REGISTRAR(COMM.CASES) hvk //Certified to be true copy// Dated at Madras this the day of 2020. 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/05/02/2020 5/5