K.Mathukumar v. G.Irnesh Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ K.Mathukumar, Narayana Bhavan, Pootteti, Theruvukadai Post, Kanyakumari District ... Petitioner vs.

G.Irnesh Kumar Correspondent, M.M.Higher Secondary School, Bethelpuram, Kanyakumari District.

... Respondent Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, praying to punish the Respondent for wilful disobedience of the order dated 21.06.2018 passed by this Court in Review Application No.27 of 2018 in Writ Appeal No.1394 of 2014.

For Petitioner :

Mr.M.Ravi For Respondent :

Mr.K.Sathish for M/s.Kaavya Silambanan Associates * * * * * Page No.1 of 3

O R D E R

This Contempt Petition is filed praying to punish the Respondent for wilful disobedience of the order dated 21.06.2018 passed by this Court in Review Application No.27 of 2018 in Writ Appeal No.1394 of 2014. 2.

The issue in the case on hand is with regard to difference in payment of wages to the Petitioner.

3.

Learned counsel appearing for the Respondent submitted that, the amount payable to the Petitioner has already been paid as could be seen from paragraph 9 of the counter Affidavit dated 02.03.2021 filed by the Respondent. For better appreciation relevant portion of the counter Affidavit is extracted hereunder:

"9.

It is submitted that the fact that he was on consolidated pay of Rs.1,000/- per month from 06.06.1988 to September 2001 is a settled position and according to the School Management, the entire salary has been paid to him. The question of contempt of orders of this Hon'ble High Court does not arise by no stretch of imagination."

4.

Recording the submissions of the learned counsel appearing for the Respondent and taking into account the statement of the Respondent in paragraph 9 of the counter Affidavit that, the entire salary has been paid to the Petitioner, this Contempt Petition is closed, as the order under contempt Page No.2 of 3

has been complied with.

5.

We make it clear that, in case of difference in the amount payable to the Petitioner, it is open to him to recourse to any other mode of recovery, in accordance with law.

SD/- ASSISTANT REGISTRAR(COMM.CASES) aeb //Certified to be true copy// Dated at Madras this the day of 2022. 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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