P.Kailasam v. Venkatesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.09.2019

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Contempt Petition No.1525 of 2019 Thiru P.Kailasam

...Petitioner

..Vs..

Thiru Venkatesan, General Manager, Tamil Nadu State Transport Corporation (VPM) Ltd., Kancheepuram Region, Ponnerikarai, Kancheepuram.

...Respondent

Contempt Petition filed under Section 11 of the Contempt of Courts Act praying to punish the respondent for having disobeyed the orders of this Court in W.M.P.No.22359 of 2017 in W.P.No.21389 of 2017 dated 20.09.2018. For Petitioner : Mr.N.Sundaramurthy For Respondents : Mr.A.Antony Arockiaraja

ORDER

The contempt application is filed for the willful disobedience of the interim orders of this Court passed in W.M.P.No. 22359 of 2017 in W.P.No.21389 of 2017 dated 20.09.2018.

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2.The learned counsel appearing on behalf of the contempt petitioner states that pursuant to the interim orders passed by this Court, the petitioner was reinstated into service, however the current wages, as directed by this Court has not been paid to the writ petitioner. 3.In this regard, the learned counsel appearing on behalf of the respondent would state that the current wages are being paid on reinstatement and the calculations are erroneously made by the workman.

4.Such disputed fact cannot be adjudicated in the contempt petition. The present contempt petition is filed against the interim orders that the workman should be paid difference of wages if any or dispute in respect of current wages are to be adjudicated either by way of separate application or main writ petition at the time of final hearing of the case. Contrarily, such disputed fact in regard to the current wages cannot be adjudicated in the contempt petition. Thus, this Court is of the considered view that the respondent has not violated the Court's order under Contempt of Courts Act.

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5.Accordingly, the Contempt Petition stands closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) mrm //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.

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