M.Sathishmumar v. Alby John Varghese,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2025

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN M.Sathishkumar ... Petitioner Vs.

Dr.Alby John Varghese, The Management, Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Illam, Anna Salai, Chennai - 600 002.

... Respondent Prayer:- Contempt petition has been filed under Section 11 of the Contempt of Courts Act, 1971, praying to punish the respondent for having committed contempt by willful disobedience of the order of this Court made in W.P.No.5114 of 2024 dated 29.02.2024.

For Petitioner : Mr.S.T.Varadarajalu For Respondent : Mr.A.Vinoth Raja Standing Counsel

ORDER

This Contempt Petition has been filed to punish the respondents for non compliance of the order dated 29.02.2024 passed by this Court in W.P.No.5114 of 2024, thereby directed the respondent to revise the salary of the petitioner from the date of his reinstatement into service by taking note of increment, intervening settlement benefits and periodical review benefits for the non employment period from 24.11.2008 to 05.11.2022 and disburse the same within a period of twelve weeks.

2.

On instructions, the learned Standing Counsel appearing for the respondent submitted that the case of the petitioner is that though he is receiving a sum of Rs.27,200/- as basic salary and his co-employee is getting a sum of Rs.50,000/- as basic salary. As per the revised salary at Rs.27,200/-, the petitioner was settled with all amount. Further, the petitioner is not entitled for the salary on par with his co-employee. That apart, before the Execution Court, the respondent and the petitioner filed joint memo in which, the petitioner agreed to forego the entire back wages for non-employment period from the date of dismissal till the date of reinstatement on condition

that the management agreed to reinstate him with continuity of service as per 12(2) settlement benefits only for non employment period. Accordingly, the joint memo was recorded before the Execution Court and the petitioner was settled with the entire amount as per the revised salary at Rs.27,200/- as basic.

3.

Recording the said submission, this Contempt Petition is closed. 19.03.2025 Index : Yes/No : Yes/No Speaking/Non Speaking order rts To The Management, Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Illam, Anna Salai, Chennai - 600 002.

G.K.ILANTHIRAIYAN, J.

rts 19.03.2025