Madras High CourtCONT P/1989/2019closed

V.R.Palanisamy v. Senathypathi

2021-02-19Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19-02-2021 CORAM :

THE HONOURABLE MR.JUSTICE R. SUBBIAH Contempt Petition No. 1989 of 2019 --- V.R. Palanisamy, No.3/125, Vanangamudianur, Vallipuram Post, Avinasi Taluk, Thiruppur District .. Petitioner

Versus

Thiru. Senathypathi The General Manager Tamil Nadu State Transport Corporation (Coimbatore) Ltd 45, Chennimalai Road Erode - 638 001 .. Respondent Contempt Petition filed under Section 11 of The Contempt of Courts Act praying to punish the respondent for the wilful disobedience of the order dated 18.10.2016 passed in WP No. 36301 of 2016.

For Petitioner : Mr. V. Ajay Khose For respondent : Mr. A. Sundaravadanan

ORDER

When this Contempt Petition is taken up for hearing, the learned Standing counsel appearing for the respondent filed a compliance report stating 1/3

that the amount payable to the petitioner towards provident fund, gratuity, interest towards gratuity, leave salary etc., have been paid to the petitioner. 2.

Mr. Ajay Khose, learned counsel for the petitioner did not dispute the statement of the counsel for the respondent, however, he submits that there is a short fall of Rs.66,000/- as per the calculation of the petitioner and it is liable to be paid by the respondent-Corporation towards the terminal benefits. This statement of the counsel for the petitioner is disputed by the learned Standing counsel for the respondent by stating that the entire amount payable to the petitioner has been paid and there is no outstanding amount. 3.

Having regard to the above submission, especially when the counsel for the respondent disputed that there is no outstanding amount payable to the petitioner, this Court is of the view that such a disputed question cannot be adjudicated by this Court in this Contempt Petition. The petitioner is at liberty to work out his remedy in a manner known to law, if he is aggrieved by the quantum of amount settled by the respondent Corporation towards his retirement benefits.

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In the light of the above, this Court is of the view that the order passed by this Court has been duly complied with by the respondent. Therefore, the Contempt Petition is closed. No costs.

SD/- ASSISTANT REGISTRAR(COMM.CASES) rsh //Certified to be true copy// Dated at Madras this the day of 2021. 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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