S.Seetharaman v. R. Muthukaruppan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 05.04.2019 Coram THE HONOURABLE MR.JUSTICE T. RAJA Contempt Petition No.1269 of 2017 S.Seetharaman, No.441, Brahmin Street, Thamaraipakkam, Vellore District ... Petitioner

Versus

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

2.G.Natarajan, The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Thiruvannamalai Region, Thiruvannamalai.

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

4.Davidar, Secretary to Government of Tamil Nadu, Transport Department, Fort St. George, Chennai-600 009.

... Respondents (R4 impleaded as per order dated 08.12.2017 in Sub Appn.330 of 2017 in Cont.P.1269 of 2017 by TRJ)

Prayer: Petition filed under Section 11 of the Contempt of Courts Act 1971 to punish the respondents herein for wilful disobedience of the order of this Court dated 06.04.2016 in W.P. No.12938 of 2016.

For Petitioner : Mr.J.Pradeep For Respondents : Mr.A.Antony Arockiaraja, Standing Counsel for R1 to R3 Mr.M.Elumalai, Government Advocate for R4

O R D E R

This Court by order dated 06.04.2016 has disposed of the Writ Petition in W.P. No.12938 of 2016 giving direction to the respondents to settle the entire terminal benefits due and payable to the petitioner by twelve equal monthly instalments carrying interest of 6%per annum, making it clear that the instalments should commence from May 2016 and each of the instalments should be paid on or before 7th of each month and in case of any delay in the payment of the instalments, the interest payable would become 18% per annum for the delayed period. Thereafter, the contempt petition has been filed for non compliance of the order. 2.By filing a calculation memo, learned Standing Counsel appearing for respondents 1 to 3 would submit that the order passed by this Court has been duly complied with

by paying the entire amount as found in the calculation memo.

3.Recording the submission made by the learned Standing Counsel appearing for respondents 1 to 3, the contempt petition stands closed.

4.At this stage, learned Standing Counsel appearing for respondents 1 to 3 would submit that the revised pay scale has not been taken note of for paying the arrears, on the basis of the settlement arrived.

5.If it is the case, the petitioner is given liberty to approach the Labour Court.

SD/- ASSISTANT REGISTRAR(COMM.CASES) vga //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.

Sd/20/05/2019