R. Pitchiah v. Arumugam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED R.Pitchiah ... Petitioner vs.

Arumugam, Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye-Pass Road, Madurai - 16.

... Respondent PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court to punish the contemnor/respondent for committing contempt for the wilful disobedience of the order in W.P.(MD)No.17709 of 2022, dated 21.12.2022. For Petitioner :Mr.S.Govindan For Respondent :Mr.S.Raja *****

O R D E R

Heard Mr.S.Govindan, learned Counsel for the petitioner and Mr.S.Raja, learned standing Counsel for the respondent. 2.This is a petition seeking initiation of contempt proceedings against the respondent for violation of the order, dated 21.12.2022, passed by this Court in W.P.(MD)No.17709 of 2022.

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3.The petitioner has preferred a Writ Petition bearing W.P.(MD)No. 17709 of 2022 seeking pay revision with effect from 01.09.2016 and this Court vide judgment and order, dated 21.12.2022 finally disposed of the Writ Petition with the direction to the respondent herein to revise the pay scale of the petitioner as per the settlement under Section 12(3) of the Industrial Disputes Act, 1947.

4.The learned Counsel for the petitioner further submits that despite the judgment and order passed by the this Court, in W.P.(MD)No.17709 of 2022, dated 21.12.2022, the respondent had not complied with the directions of this Court and had wilfully and deliberately flouting the order passed by this Court. Aggrieved over the same, the present Contempt Petition has been filed.

5.Mr.S.Raja, learned Standing Counsel for the respondent submits that the judgment and order passed by this Court, dated 21.12.2022 has already been complied with by the respondent and in this regard, he has produced the order, dated 06.03.2025 and submits that the amount, which is due to the petitioner, has been paid. The copy of the order is produced before this Court, which is taken on record. The copy of the order, dated 06.03.2025, is also served on the learned Counsel for the petitioner. Thus, the learned Counsel for the respondent submits that as the order passed by this Court 2/4

has been fully complied with, the respondent may be discharged from the present contempt proceedings.

6.The learned Counsel for the petitioner submits that the order passed by this Court W.P.(MD)No.17709 of 2022, dated 21.12.2022, has been fully complied with and the entire amount due to the petitioner has been paid to the petitioner and thus, he prays before this Court that the respondent may be discharged from the present contempt proceedings and the Contempt Petition may be disposed of accordingly.

7.Considering the submissions made by the learned Counsels for the parties and after perusal of the order, dated 06.03.2025 passed by the respondent, this Court is satisfied that the respondent had fully complied with the judgment and order of this Court W.P.(MD)No.17709 of 2022, dated 21.12.2022, Thus, no useful purpose will be served in continuing the present contempt proceedings further. Accordingly, the respondent is discharged from the present contempt proceedings and the present Contempt Petition is disposed of. The file is consigned to record. No costs. Index :Yes / No 06.03.2025 Internet :Yes / No NCC :Yes / No cmr 3/4

SHAMIM AHMED, J.

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