Arumugam, v. A.Palanivel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty First day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY in CONT P(MD)No.681 of 2023 ARUMUGAM, MANAGING DIRECTOR, REPRESENTING TO TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI) LIMITED, BYE PASS ROAD, MADURAI - 16.

... PETITIONER/CONTEMNOR (FORMERLY KNOWN US TAMIL NADU STATE TRANSPORT CORPORATION (MADURAIDIVISION IV)LIMITED, DINDIGUL) Vs A.PALANIVEL CONDUCTOR (RETIRED), TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI) LIMITED, S/O. ALAGAR, C/O. MUNIAMMAL, THENNAMAL COMPOUND, KAMATCHI AMMAN KOIL 2nd STREET, PETHANIAPURAM, MADURAI - 16.

... RESPONDENT/PETITIONER 1/3

Sub Application filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to accept this affidavit and dispense with the personal appearance before this Hon`ble Court and purge out of the contempt.

Prayer in CONT P(MD). 681/ 2023 :

Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for committing contempt for the willful disobedience of the order in W.P.(MD). NO. 18261/2016 dated 10.03.2022. Prayer in WP(MD). 18261/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records connected with the impugned order passed by the 1st respondent in I.D.No.110/2012 dated 27.08.2014 in so far the denial of continuity of service for the period from 01.10.2009 to 03.10.2012 for 3 years and quash the same and consequently direct 2nd respondent to count the period of service from 01.10.2009 to 03.10.2012 notionally without back wages for the purpose of calculation of pensionary benefits. ORDER : This Sub Application coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.S.C.HEROLD SINGH, Advocate for the petitioner and of MR.J.LAWRENCE, Advocate on behalf of the Respondent, the Court made the following order:- This Court had issued statutory notice to the contemnor. The contemnor has filed the present sub application before this Court to dispense with the personal appearance.

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2.Satisfied with the reasons stated in the affidavit, the present sub application is allowed.

sd/- 21/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TMG TO ARUMUGAM, MANAGING DIRECTOR, REPRESENTING TO TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI) LIMITED, BYE PASS ROAD, MADURAI - 16.

ORDER

IN in CONT P(MD)No.681 of 2023 Date :21/02/2024 SS/VR/SAR- /26/02/2024/3P/2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3