Dma Mohamed Nassar v. S.S.Rajhmohan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2023

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH M.A.Mohamed Nassar ... Petitioner Vs.

S.S.Rajmohan The Managing Director, Tamil Nadu State Transport, Corporation (Villupuram) Ltd., 3/13T, Salamedu, Villupuram - 605 602.

... Respondent Prayer : Contempt Petition filed under Section 11 of Contempt of Courts Act, praying to punish the respondent for having committed contempt by willful disobedience of the order of this Court made in W.M.P.No.1538 of 2023 in W.P.No.30589 of 2022 dated 26.04.2023.

For Petitioner :

Mr.S.T.Varadarajulu For Respondent :

Ms.Pavithra, Standing counsel 1/4

ORDER

The order passed by the Writ Court on 26.04.2023 was to pay the arrears of the last drawn wages to the petitioner under Section 17B of the Industrial Disputes Act. Alleging non-compliance, the present contempt petition has been filed.

2.Today, when the matter was called, the learned counsel for the petitioner submitted that after the Writ Petition was filed, the respondent has paid the arrears of the last drawn wages, which is not in accordance with the last drawn wages.

3.If the petitioner disputes the quantum of the last drawn wages paid, it would be appropriate to grant him liberty to workout his remedy in accordance with law. However, the disobedience alleged cannot be termed to be willful in nature.

4.Accordingly, this Contempt Petition stands closed, with liberty to the petitioner to file an application under Section 33C(2) of the Industrial Disputes 2/4

Act, 1947 or through any other legal process for recovery of the alleged differential amount.

15.12.2023 Speaking: Yes/No Index: Yes/No gd 3/4

M.S. RAMESH,J.

Gd 15.12.2023 4/4