A.Srinivasan v. C.Samayamoorthy,I.A.S,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2021

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI in W.P(MD)No.26114 of 2019 1.A.Srinivasan 2.D.Radhakrishnan 3.R.Rengaraju ... Petitioners/Petitioners Vs.

1.C.Samayamoorthy, The Government of Tamil Nadu, Rep. by its Secretary to Government, Transport Department, Secretariat, Chennai - 600 009.

2.Ponmudi, The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Railway Station Road, Kumbakonam, Thanjavur District.

3.Rajmohan, The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Periyamilaguparai, Trichy.

4.Bama, The Administrator, Tamil Nadu State Transport Corporation Employees Provident Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

... Respondents/Respondents Prayer:- Contempt Petition is filed under Section 11 of Contempt of Courts Act, praying to initiate contempt proceedings against the respondents/contemnors and punish them for the wilful disobedience of the order of this Court, dated 09.12.2019 made in W.P(MD)No.26114 of 2019.

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Prayer in WP(MD). 26114 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court directing the respondents to revise the pay for the period from 01/09/2016 to till the date of retirement of the petitioners based on the terms of settlement dt 04/01/2018 entered under Section 12(3) of Industrial Disputes Act,1947 and further directing the respondents to pay the difference amount in the salary for the period from 01/09/2016 to till the date of retirement of the petitioners and to pay difference in the retirement benefits including Monthly Pension, Wage Arrears, Gratuity, Leave Salary, Commuted Value of Pension, Dearness Allowance and all other attendant benefis payable to the petitioners together with 18 percent interest per annum based on the said settlement.

For Petitioners : Mr.N.Sudhagar Nagaraj For R - 1 : Mr.C.Ramesh, Special Government Pleader For RR 2 & 3 : Mr.D.Sivaraman For R - 4 : Ms.Anbarasi for Mr.A.Swaminathan

ORDER

Alleging that the order of this Court in W.P(MD)No.26114 of 2019, dated 09.12.2019, has not been complied with, the petitioner has come up before this Court with this Contempt Petition. 2.The learned counsel appearing for the petitioner and the respondents submitted that the order passed by this Court has been complied with and also produced the copy of the letter No.W.P.26114-2019/L2/TNSTC EPFT/2020, dated 01.02.2021. 3.Recording the same, this Contempt Petition is closed. No costs. The appearance of the fourth respondent is dispensed with. Sd/- Assistant Registrar(CRL SIDE) // True Copy // / /2021 Sub Assistant Registrar(CS) Ps 2/3

Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Secretary to Government, Transport Department, Secretariat, Chennai - 600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Railway Station Road, Kumbakonam, Thanjavur District.

3.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Periyamilaguparai, Trichy.

4.The Administrator, Tamil Nadu State Transport Corporation Employees Provident Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

+1 CC to M/s.SPL GP ( SR-16754[F] dated 20/04/2021 ) in W.P(MD)No.26114 of 2019 19.04.2021 km(CO) TR(05.05.2021) 3P 6C 3/3