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Madras High CourtCONT P(MD)/900/2025closed

C.Selvaraj v. Dhasarathan

2025-04-21Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2025

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Cont.P.(MD)No.900 of 2025 in W.P.(MD)No.27688 of 2023 C.Selvaraj

...Petitioner/Petitioner

Vs 1.Dhasarathan, Managing Director, Tamil Nadu State Transport Corporation (TVL) Limited, 23/2, Thoothukudi Road, Kattabomman Nagar, Tirunelveli District - 627 007.

2.Saravanan, General Manager, Tamil Nadu State Transport Corporation(TVL) Limited, Tirunelveli Region, Tirunelveli District - 627 007.

3.K.Bama, Administrator, Tamil Nadu State Transport Corporation Limited, Employees Pensions Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.

...Contemnors/Respondents PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts Act, 1971, to punish the contemnors/Respondents herein for their deliberate and willful disobedience of the order passed by this Court in W.P.(MD).No.27688 of 2023 dated 23-11-2023.

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For Petitioner : Mr.K.Gokul For Respondents : Mr.K.Ramaiah Standing Counsel for R1 & R2 Mr.S.C.Herold Singh Standing Counsel for R3 * * * * *

ORDER

The present contempt petition has been filed alleging violation of the order of this Court dated 23.11.2023, made in W.P(MD)No.27688 of 2023, wherein this Court has directed the Transport Corporation to release the eligible benefits upon the writ petitioner with 6% interest arising out of 14th wage settlement.

2.The present contempt petition has been filed alleging that the order of this Court has not been complied with. The Transport Corporation has circulated an order to the effect that already eligible benefits have been released in favour of the petitioner and therefore, no further payment has to be made. In such circumstances, the order of this Court has not been violated. 3.The learned Counsel appearing for the petitioner has submitted that for similarly placed persons, the transport Corporation has proceeded to release the difference amount arising out of 14th wage settlement. However, the petitioner is alone being discriminated.

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4.For the said submissions, the learned Standing Counsel appearing for the Transport Corporation has contended that in the said writ petition, positive directions were issued. Aggrieved over the said directions, the Transport Corporation has filed an appeal. Pending appeal, without prejudice to the Writ Appeal, the order of the writ Court has been complied with, under the threat of contempt proceedings. Therefore, the same cannot be cited by the writ petitioner herein.

5.In view of the above said facts, it is clear that the Hon'ble Division Bench is seized of the issue whether the petitioner and the similarly placed persons are eligible to receive any benefit out of the 14th wage settlement or not. In case, if the writ appeal is dismissed, the petitioner would also eligible for the same benefits.

6.Considering the above said facts, the present contempt petition stands closed with liberty to the petitioner to revive the same depending upon the outcome of the writ appeal.

21.04.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/4

R.VIJAYAKUMAR , J.

RJR To 1.The Managing Director, Tamil Nadu State Transport Corporation (TVL) Limited, 23/2, Thoothukudi Road, Kattabomman Nagar, Tirunelveli District - 627 007.

2.The General Manager, Tamil Nadu State Transport Corporation(TVL) Limited, Tirunelveli Region, Tirunelveli District - 627 007.

3.The Administrator, Tamil Nadu State Transport Corporation Limited, Employees Pensions Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.

Cont.P.(MD)No.900 of 2025 in W.P.(MD)No.27688 of 2023 21.04.2025 4/4