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Madras High CourtCONT P(MD)/124/2021closed

S. Mookkaian v. Elangovan, The Managing Director

2021-02-08Honourable Mr Justice M.S. Ramesh2 pages

Cont P.(MD).No.124 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH Cont P.(MD).No.124 of 2021 S.Mookkaian ... Petitioner / Petitioner Vs.

1.Thiru Elangovan, Managing Director, State Express Transport Corporation (TN) Ltd., No.2, Thiruvalluvar House, Pallavan Salai, Chennai - 2.

2.Thirumalaivasan Finance Advisor and Chief Accounts Officer, State Express Transport Corporation (TN) Ltd., Thiruvalluvar House No.2, Pallavan Salai, Chennai - 2.

3.Thirumathi.Bhama, Administrator, TNSTC Employees Pension Trust, SETC Ltd., No.2, Pallavan Salai, Chennai - 600 002.

... Respondents PRAYER: Contempt petition filed under Section 11 of Contempt of Court Act 1971, to punish the respondents herein for their wilful disobedience of the order passed by this Court in W.P.(MD).No.22655 of 2019, dated 24.10.2019 of this Court.

PRAYER in W.P.(MD).No.22655 of 2019: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to disburse interest at the rate of 12% as per court direction for belated payment of Gratuity amount for Rs.8,57,626/-, Leave Salary amount for Rs.1,58,650/- and Commutation for Rs.7,04,872/- and the total amount comes to Rs.17,21,148/- and its interest comes for the same is Rs.1,20,480/- for a period of more than 14 months from 1.07.2018 to 31.08.2019 and also the recovered contribution amount of the Medical, Engineering & Polytechnic College for Rs.10,000/- and another amount of ERPS (Employees Retirement Pension Scheme) amount for the 19 years from 01.09.1998 to till the date on 31.12.2017 as per the 13th Wage Settlement w.e.f., 01.09.2016 by the respondent Corporation 04.01.2018 to the petitioner.

For Petitioner :

Mr.K.Goukul For Respondent :

Mr.R.Rajamohan for R1 & R2 Standing Counsel Mr.A.Swaminathan for R3 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont P.(MD).No.124 of 2021

O R D E R

Recording the submission of the learned Standing Counsel for the respondents that the petitioner's representation dated 27.09.2019, has been considered in their proceedings dated 13.01.2021, the contempt stands closed, since the disobedience alleged is not wilful. However, if at all the petitioner is aggrieved against the order dated 13.01.2021, it is always open to him to challenge the same in accordance with law. Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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.

+1 CC to M/s.R.RAJA MOHAN, Advocate ( SR3839[F] dated 08/02/2021 ) Cont P.(MD).No.124 of 2021 08.02.2021 (DKS)CO AP(23/02/2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2