V.Mohanasundaram v. S.A.Saraswathy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-02-2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY V.Mohanasundaram ..Petitioner Vs S.A.Saraswathy President, The Management, (Special Officer Post abolished) Mandavelli Women's Co-operative Stores Ltd., Mandavelli, Chennai - 28.

..Respondent Prayer: Contempt Petition filed under Section 11 of Contempt of Courts Act, 1971 praying to punish the respondent for having committed contempt and willful disobedience of an order of this Court dated 28.01.2022 in W.P.No.11066 of 2011.

For Petitioner:

Mr.M.Sivaraman For Respondent:

Mr.M.Rajendran Additional Government Pleader

ORDER

The contempt petition has been filed complaining willful disobedience of the Order passed by this Court in W.P.No.11066 of 2011 dated 28.01.2022.

2. It can be seen that this Court after adjudicating the issue, passed the following order which is extracted hereunder:-

6. In the light of the above observations, the order of dismissal dated 01.11.2004, is modified into one of compulsory retirement, with continuity of service till 01.11.2004. In view of such modification, the petitioner would be entitled for the death cum retirement benefits, including pensionary benefits, if any. Accordingly, the order of the Joint Registrar of Co-operative Societies dated 15.07.2005 passed under Section 153 of the Cooperative Societies Act, as well as the order of the second respondent/learned II Additional Judge, Labour Court, Chennai passed in I.D.No.269 of 2006 dated 29.11.2010, are set aside. The writ petitions stands partially allowed. There shall be no orders as to costs.

3. Thus, it can be seen that the punishment was modified as one of the compulsory retirement and the consequential benefits are directed to be paid. It is seen that whatever the benefits that are due have already been paid. The only contention of the learned counsel for the petitioner is that the bonus is not being paid. The question of bonus will be relating to entitlement and I am of the view that the same will not be strictly covered in the operative portion contained in the order of this Court extracted supra.

4. It is represented by the learned Additional Government Pleader appearing for the respondent that in respect of one cheque, the sum was not encashed and fresh cheque will be issued for the sum of Rs.54,582/-. The same can be done within a week from the date of receipt of the web copy of the order.

5. In view of the same, nothing further remains to be adjudicated in the contempt petition, the contempt petition stands closed. 09-02-2026 1/2 NSL

D.BHARATHA CHAKRAVARTHY, J.

NSL 09-02-2026 1/2