K.Venkatachalam v. Thiru.Thiruvarampillai And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN K.Venkatachalam ... Petitioner Vs.

1.Thiru.Thiruvarampillai, The Managing Director, Tamilnadu State Transport Corporation (Coimbatore)Ltd, Erode Region, Erode.

2.Tmt.Bhama, The Administrator, Tamil Nadu State Transport Employees'

Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.

... Respondents Prayer: Petition filed under Section 11 of Contempt of Courts Act, 1971, to punish the respondents for willfully disobeying and not complying with the order of this Court dated 01.09.2021 in W.P.No.18288 of 2021. For Petitioner : Mr.V.Ajay Khose For Respondents : Mr.Murali Vinodh for R1 Mr.C.S.K.Sathish Standing Counsel for R2 1/4

ORDER

The petitioner has filed this contempt petition, to punish the respondents for disobeying the order of this Court in W.P.No.18288 of 2021 dated 01.09.2021.

2. When the matter is taken up for hearing, the learned counsel for the respondents have reported part compliance by paying the amounts has detailed in the memo of the first respondent. Asfaras the second respondent is concerned, the amounts that have been paid together with interest as detailed below:- Sl.No Amount paid Remarks Pay Date 1.

8,78,955.00 COMMUTATION 02.06.2021 2.

3,032.00 4% COMM.INTEREST 22.12.2021 3.The 1st respondent has also filed a memo which reads as under: "It is humbly submitted before this Hon'ble Court that in compliance of the order dated 01.09.2021 in W.P.No.18288 of 2021, the 1st respondent herein had paid Rs.34,273/- vide Cheque No.819474 against interest for Gratuity and Rs.56,321/- vide Cheque No.814550 both dated on 23.02.2023 and Rs.29,242/- for EL encashment vide Cheque dated on 28.01.2023. Hence, Rs.1,19,836/- has been paid totally to the petitioner herein. Therefore, the same may be recorded and it is humbly 2/4

prayed that this present contempt petition No.66 of 2023 may be closed and thus render justice."

4.The operative portion of the order of this court dated 01.09.2021 in W.P.No.18272 of 2021 etc., batch, reads as under: "2.In view of the same, I am inclined to dispose these writ petitions by directing the respondents to pay interest at the rate of 4% per annum to the petitioners for the period of delay from 01.07.2019 to 24.01.2021 of the petitioners EPF Employees' Contribution, Gratuity, Earned Leave Salary, commuted value of pension etc, within a period of six month in six equated monthly instalments."

5.Since the amounts have been paid, this contempt petition is closed. However, liberty is given to the petitioner to approach the respondents for 2% interest on account of the delay. 01.03.2023 Index : Yes/ No Internet : Yes/No Speaking/Non-Speaking Order jas 3/4

C.SARAVANAN, J.

jas 01.03.2023 4/4