Madras High CourtCONT P/3018/2023closed

P.Sankar (S1349) And 13 Others v. Dr. Sharat Chauhan, I.A.S., And Another

2024-11-15Honourable Mr Justice P.B. Balaji8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2024

CORAM

THE HON'BLE MR. JUSTICE P.B.BALAJI Cont.P.Nos.

3018, 3019 & 3020 of 2023 Contempt.P.No.3018 of 2023:- 1.P.Sankar 2.P.Elayaperumal 3.Be.Sgar 4.R.Devarajan 5.J.Anvar Sheriff 6.S.Aurl Selvan 7.V.Mohan (Died) 8.K.Balasubramanian 9.D.Ganesan 10.V.Sittaramane 11.D.TamilChelvi 12.M.Harini 13.Minor Harish Bala rep by its mother and next friend D.Thamilchelvi 14.V.Saroja (P1 to P14 are LRs of deceased Petitioner P7) Petitioners in Cont.P. No.3018 of 2023 Vs 1/8

Respondents Prayer: Contempt Petition filed under Section 11 of the Contempt of Court Act, to punish the respondents herein for deliberately violating the order of this Court dated 28.07.2023 made in W.P. No.31384 of 2018. Contempt.P.No.3019 of 2023:- 1.M.Ragupathi 2.N.Meenatchisundaram 3.K.Kannan 4.V.S.Shanmugham 5.T.Rajakumar 6.Christoper Fernandez 7.R.Balasubramanian 8.S.Jeyamoorthy 9.N.Selvakumar 10.P.K.Kuppusamy 11.R.Krishnakumar 12.T.Kuppusamy 13.P.L.Sockalingam 14.G.Rajan 15.N.V.Srinivasan 16.R.Chandravathanam 17.N.Krishnamoorthy 18.S.Sivashanmugam 19.S.Adinarayanan 20.R.Pandian Petitioners in Cont.P. No.3019 of 2023 Vs 2/8

Respondents Prayer: Contempt Petition filed under Section 11 of the Contempt of Court Act, to punish the respondents herein for deliberately violating the order of this Court dated 28.07.2023 made in W.P. No.33399 of 2018. Contempt.P.No.3020 of 2023:- 1.V.R.Venkatesan 2.J.Kumar 3.R.Senthamaraikannan 4.N.Sampathkumar 5.V.Y.Sivakumar 6.A.Kesavan 7.V.Srinivasan 8.S.Velayoudam 9.A.G.Venkatapathy 10.R.Mani 11.V.Govindaraj 12.C.Rajaraman 13.B.Shanmugam 14.C.Ravy 15.A.Amuthavanan 16.K.Sandirasegaran 17.D.Sankar 18.V.Vasantha Courmare 19.K.Anandan 20.J.Ganesan 21.M.Peroumal 22.P.Rangarasu 23.K.Djeamourthy 24.M.Kumarasamy 25.V.Baskaran Petitioners in Cont.P. No.3020 of 2023 Vs 3/8

For Respondents : Mr.P.S.Kothandaraman, Government Advocate Puducherry for R1 in all Contempt Petitions.

Mr.T.M.Naveen for R2 in all Contempt Petitions

O R D E R

These contempt petitions have been filed alleging deliberate violation of order of this Court dated 28.07.2023 in W.P.Nos.31384, 31339 & 24642 of 2018 respectively.

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2. I have heard Mr.Kandhan Duraisamy, learned counsel for the petitioners and Mr.P.S.Kothandaraman, learned Government Advocate, Puducherry for the first respondent and Mr.T.M.Naveen, learned counsel for the second respondent.

3. As against the common order dated 28.07.2023, the Writ Appeals were filed in W.A. Nos.596, 597 & 599 of 2024. The Hon'ble Division Bench by order dated 04.04.2024 in CMP Nos.4188, 4193 & 4918 of 2024, granted an order of interim stay subject to the second respondent Mill herein i.e., the appellant before the Hon'ble Division Bench, depositing 50% of the amount payable to the writ petitioners, to the credit of the Writ Appeals within a period of four weeks.

4. Aggrieved by the said conditional order, the second respondent moved the Hon'ble Supreme Court in Special Leave to Appeal (Civil) Nos.12180 to 12182 of 2024, the Hon'ble Supreme Court dismissed the Special Leave Petitions. However, the time to deposit the amount was extended by a period of 8 weeks.

5. In the light of the above, the learned counsel for the second respondent Mr.T.M.Naveen would submit that the conditional order has been compiled with and he also submitted a detailed calculation statement in respect of all the Writ Petitioners. He would further submit 5/8

that, nothing survives for adjudication in the Contempt Petitions as the order of interim stay being granted subject to a condition and such condition being complied with, no further orders can be passed in these Contempt Petitions.

6. Per contra, Mr.Kandan Doraisami, would submit that there is no dispute with regard to salary of the Writ Petitioners and the second respondent is in gross contempt for arbitrarily deducting closure compensation paid to the Writ Petitioners from the arrears of salary. Therefore, according to the learned counsel for the writ petitioners, this amounts to willful disobedience of orders of this Court.

7. I am unable to accept the contentions of the learned counsel for the Writ Petitioners. Admittedly, the Hon'ble Division Bench has granted an order of interim stay on deposit of 50% of amount due to the Writ Petitioners. The Hon'ble Supreme Court, while confirming the said order of the Hon'ble Division Bench, extended the time by eight weeks. It is seen that the second respondent has complied with the said conditional order by depositing Rs.88,46,877/- , 27,43,886/- and 2,01,14,807/- respectively, to credit of the Writ Appeals on 10.10.2024. I am able to see from the records that there is no dispute with regard to the salary that was being paid to the writ petitioners. However, the bone of contention 6/8

now is as to whether the closure compensation that has been paid to the writ petitioners should be adjusted from the arrears of salary. This was never an issue before this Court or before the Hon'ble Division Bench. In fact, the Hon'ble Division Bench has only issued a direction to the second respondent as follows:- "shall deposit 50% of the amount payable by the respondents/writ petitioners..." Therefore, in the absence of any actual amount being determined by any of the Courts and in the light of the deposits made by the second respondent, this Court is unable to hold that the second respondent is in contempt of the order of this Court dated 28.07.2023. However, it is needless to state that this issue of whether closure compensation is liable to be deducted from the arrears of salary can always be agitated in the pending Writ Appeals.

8. In view of the same, I do not see any purpose in keeping these Contempt Petitions alive any further. For all the foregoing discussions, all these Contempt Petitions are closed.

15.11.2024 Speaking/Non-speaking order Index : Yes/No rkp 7/8

P.B.BALAJI, J.

rkp To Cont.P.Nos.3018, 3019 & 3020 of 2023 15.11.2024 8/8