Madras High CourtCONT P(MD)/44/2022closed

R.Vanamoorthy v. Thiruvambalampillai

2022-02-24Honourable Mr Justice S.M. Subramaniam2 pages

Cont. P. (MD) No.44 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Cont. P.(MD) No.44 of 2022 in W.P.(MD) No.14756 of 2021 R.Vanamoorthy ... Petitioner/Petitioner Vs.

Thiruvambalampillai The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai Region, Madurai.

... Contemnor/Respondent Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the contemnor / respondent for wilfully disobeying and not complying with the order of this Honourable Court dated 18.08.2021 in W.P.(MD) No.14756 of 2021. Prayer in WP(MD). 14756/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court S-12. To issue appropriate writs, orders or directions and in particular issue a WRIT OF MANDAMUS directing the respondent to pay the petitioner interest at the rate of 18 percentage per annum, for the period of delay from 01.06.19 to 24.01.21, in paying the amounts paid towards petitioner terminal benefits namely EPF Employee`s Contribution, Gratuity and Encashment of Earned/Sick leaves within a time frame as may be fixed by this Honble Court and without affecting my right to claim balance amounts towards those benefits.

For Petitioner : Mr.S. Arunachalam For Respondents : Mr.J.Senthil Kumaraiah

O R D E R

Though the learned counsel for the respondents made a submission that the order has been complied with, there are certain objections with reference to the calculation and the eligibility of the petitioner in the matter of settlement of benefits. However, the Courts issued direction to settle the benefits. Calculation cannot be verified by this Court in a Contempt proceedings, as the Contempt proceedings cannot be treated akin to that of the execution proceedings.

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Cont. P. (MD) No.44 of 2022

2. Under these circumstances, if any other grievance exist regarding wrong calculation or eligibility criteria or otherwise, the petitioner is at liberty to approach the competent authority, by producing all relevant documents and in the event of submitting any such relevant documents or calculation, the same is to be verified by the respondents to ascertain the correctness or otherwise and any other grievance exists, the same may be redressed in the manner known to law.

3. Accordingly, the Contempt Petition stands closed. Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) MPK/RM To Thiruvambalampillai The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai Region, Madurai.

Cont. P. (MD) No.44 of 2022 in W.P. (MD) No.14756 of 2021 24.02.2022 MGJ(07.03.2022) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2