Madras High CourtCONT P/1671/2017closed

M.Soundirarajan v. Pandy

2019-04-26Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2019

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM Contempt Petition No.1671 of 2017 in W.P.No.34302 of 2012 M.Soundirarajan, (Retired Driver), Karappadayachi Shop, Athur Main Road, Ayothia Pattinam(PO), Salem District.

... Petitioner/Petitioner -vsMr.Pandy, Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Road, Salem-636 007.

... Respondent/2nd Respondent PETITION under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent for willful disobedience of the order dated 11.04.2016 made in W.P.No.34302 of 2012 on the file of this Court. For Petitioner :

M/s.S.Girija For Respondent :

M/s.Rajeni Ramadoss, Standing Counsel ******

ORDER

This contempt petition is against the order passed by this Court in W.P.No.34302 of 2012, dated 11.04.2016. 2.The respondent/Management had filed appeal before the Hon'ble Division Bench of this Court in W.A.No.1463 of 2017 and the writ appeal was partly allowed, vide judgment dated 22.03.2018, by interfering with the direction issued by this Court to pay 50% back wages, instead the Hon'ble Division Bench ordered 25% back wages.

3.In the light of the above, this contempt petition is closed with the following directions:- (i) The respondent/Management is directed to issue cheque in favour of the workman towards the gratuity payment within ten days from today.

(ii) With regard to the remaining amount payable towards the retirement benefits, the same shall be settled on or before 24.05.2019.

4.With the above directions, this contempt petition is closed. No costs. In the event of default, the petitioner can seek for restoration of the contempt petition.

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

ss/29/04/2019 To The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Road, Salem-636 007.