B.S. Rajendran v. Joseph Pyas

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.11.2023

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Contempt Petition No.2705 of 2022 B.S.Rajendran ... Petitioner Vs 1.Thiru.Joseph Pyas, Managing Director, Tamil Nadu State Transport Corporation, Villupuram Division, Vazhuthareddy, Villupuram - 605 602.

2.Thiru.Manivel, Branch Manager, Tamil Nadu State Transport Corporation, Villupuram Division, Panruti Depot, Panruti, Cuddalore District.

3.Tamil Nadu Transport Corporation Employees Pension Trust, Pallavaram Salai, Chennai.

... Respondents (R3 - suo motu impleaded as per order dated 09.08.2023) Prayer: Petition filed under Section 11 of Contempt of Courts Act, 1971 praying to punish the respondents herein for the willful disobedience of the order dated 20.06.2022 passed in W.P.No.34101 of 2018. 1/6

For Petitioner : Mr.K.Magesh For Respondents : Mr.G.Saravanakumar Standing Counsel for R1 & R2 : Mr.C.S.K.Sathish Standing Counsel for R3

ORDER

This contempt petition has been filed for the alleged disobedience of the orders of this Court dated 20.06.2022 made in W.P.No.34101 of 2018.

2. When this contempt petition came up for hearing on 23.08.2023, after hearing both sides, this Court passed an order directing the employer that whatever the amount that employee has to pay and employer contribution has to be paid towards the Pension Trust has to be paid for which insofar as employee's contribution is concerned, the amount due payable to the employee can be retained and paid to the Trust.

3. After making all these deductions, the net remaining amount would be Rs.83,000/- which is due payable to the employee, therefore that amount shall be paid by the employer to the employee. 2/6

4. In compliance of such directions issued by this Court, today when the case is taken up for hearing, Mr.G.Saravanakumar, learned Standing Counsel appearing for the employer Transport Corporation has submitted that, the remaining amount of Rs.83,000/- has been paid to the employee after retaining the amount which become the due payable to the Pension Trust on behalf of the employee and the employer's contribution also had been paid to the Trust.

5. In view of the said compliance that has been made where the entire arrears payable to the petitioner since has been disbursed as stated herein above and the remaining amount of Rs.83,000/- also has been paid back to the petitioner i.e., the employee, nothing further to be paid by the employer and therefore by recording this aforesaid developments, this Court feels that this contempt petition can be closed, accordingly it is closed.

6. It is made clear that, the Pension Trust on receipt of this contribution of employer and employee as stated supra, after verifying the same, whatever be the eligible pension payable to the employee shall be 3/6

calculated and continued to be paid till his entitlement as per the Scheme. The said compliance shall be made by the Trust within a period of eight weeks from the date of receipt of a copy of this order. 15.11.2023 Index : Yes / No Speaking Order : Yes / No Sgl 4/6

R.SURESH KUMAR, J.

Sgl 15.11.2023 5/6