M.Nandakumar v. Ponmudi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH Cont P.(MD)No.164 of 2020 M.Nandakumar ... Petitioner/Petitioner /vs./

1. Ponmudi, The Managing Director, The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., TNSTC Head Office, No.27, Railway Station New Road, Kumbakonam-612 001.

2. Elangovan, The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pudukkottai Region, Pudukkottai.

3. Sirajudeen, The Branch Manager, Tamil Nadu State Transport, Corporation (Kumbakonam) Ltd., Ponnamaravathy Branch, Ponnamaravathy, Pudukkottai District..

...Contemnors/Respondents PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Court Act, 1971, to commit and punish the respondents for their willful disobedience of the order passed by this Court in W.P(MD) No.19309 of 2018 dated 04.10.2018. Prayer in WP(MD). 19309/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to refer the petitioner to the Medical Board of any competent Government Hospital to ascertain his physical fitness to work as Driver and consequently direct the respondents to forthwith 1/3

provide him an alternative employment with pay protection, continuity of service and back wages payable for the disengagement period ie., from 25.07.2018 and to pay wages till the date on which he is provided with alternative duty in terms of Section 47

(1) of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

For Petitioner : Mr.A.Rahul For Respondent : Mr.P.Balasubramanian Standing Counsel

ORDER

It is stated by the learned Standing Counsel for the respondents that the order of the Writ Court has been complied with through the proceedings dated 25.03.2019. Hence, the disobedience alleged cannot be termed as willful in nature. 2.Accordingly, this Contempt Petitions stand Closed. If at all the petitioner is aggrieved against the compliance order dated 25.03.2019, it is open to him to challenge the same in accordance with law.

Sd/- Assistant Registrar (Crl. side) // True Copy // / /2021 Sub Assistant Registrar(CS ) 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. Ponmudi, The Managing Director, The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., TNSTC Head Office, 2/3

No.27, Railway Station New Road, Kumbakonam-612 001.

2. Elangovan, The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pudukkottai Region, Pudukkottai.

3. Sirajudeen, The Branch Manager, Tamil Nadu State Transport, Corporation (Kumbakonam) Ltd., Ponnamaravathy Branch, Ponnamaravathy, Pudukkottai District.

+1 CC to Mr.P.BALASUBRAMANIAN, Advocate ( SR-10853[F] dated 12/03/2021 ) +1 CC to Mr.A.RAHUL, Advocate ( SR-11120[F] dated 15/03/2021 ) Cont P.(MD)No.164 of 2020 11.03.2021 cp AE/ (30/03/2021) 3P / 6C 3/3