P.Thiruvambalam Pillai v. A.Nithyanandam,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Seventeenth day of September Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice D.KRISHNAKUMAR in CONT.P(MD)No.595 of 2021 1.
P.THIRUVAMBALAM PILLAI MANAGING DIRECTOR, THE TAMIL NADU STATE TRANSPORT CORPORATION (MDU) LTD., MADURAI-10.
... 1st PETITIONER/1st CONTEMNOR/1st RESPONDENT K.ELANGOVAN, GENERAL MANAGER, MANAGING DIRECTOR, THE TAMIL NADU STATE TRANSPORT CORPORATION (MDU) LTD., MADURAI REGION, MADURAI-10. ... 2nd PETITIONER/2nd CONTEMNOR/2nd RESPONDENT Vs A.NITHYANANDAM, ...1st RESPONDENT/PETITIONER/PETITIONER BAMA THE ADMINISTRATOR, THE TAMIL NADU STATE TRANSPORT EMPLOYEES'
CORPORATION PENSION FUND TRUST, THIRUVALLUVAR ILLAM, ANNA SALAI, CHENNAI-2 ...2nd RESPONDENT/3rd CONTEMNOR/3rd RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant six months time for reporting compliance of the order made in W.P.(MD).No.23011 of 2019 dated 04.11.2019 passed by this Hon`ble Court.
Prayer in CONT P(MD). 595/ 2021 :
To commit and punish the respondents for their willful disobedience of the order passed by this Hon`ble Court in W.P.(MD). No.23011 of 2019 dated 04.11.2019.
Prayer in WP(MD). 23011/ 2019 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Directing the respondent to settle interest for the belated payment of the petitioner terminal benefits including Gratuity, Terminal Leave Salary Commuted value of pension and Provident Fund from the date of petitioner retirement to till the date on which the said benefits were settled to him. 1/3
ORDER : This petition 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.J.SENTHIL KUMARAIAH, Standing counsel for Transport Corporation for the petitioner and of MR.A.RAHUL, Advocate on behalf of the 1st Respondent the court made the following order:- This sub application has been filed by the Transport Corporation seeking extension of time of six months for reporting compliance of the order dated 04.11.2019 passed in W.P.(MD) No.23011 of 2019 by this Court.
2. Mr.J.Senthil Kumaraiah, learned Standing Counsel appearing for the Transport Corporation, submitted that due to hefty financial crisis meted out by the Transport Corporation on account of COVID-19 lockdown since 24.03.2020, the terminal benefits of the retired employees could not be settled in time. However, despite the cruel situation, the Management is taking effective steps to settle the retirement benefits to the employees. Therefore, the learned Standing Counsel seeks for six months time to comply with the orders and directions issued by this Court in the writ petition.
3. The learned counsel appearing for the respondent / writ petitioner has not raised any serious objection for the above submission of the learned Standing Counsel, however, he would submit that the respondent / writ petitioner is in urgent need of money for catering to the needs of his family and hence, a reasonable time may be granted to the Transport Corporation to settle the terminal benefits.
4. Taking into consideration the submissions made by the learned counsel on either and also the facts and circumstances of the case, time is extended till 22.10.2021 so as to enable the Transport Corporation to comply with the orders and directions issued by this Court.
5. Post the contempt petition on 22.10.2021.
6. Accordingly, this sub application is ordered. sd/- 17/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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krk 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 P.THIRUVAMBALAM PILLAI, MANAGING DIRECTOR, TAMILNADU STATE TRANSPORT CORPORATION (MADURAI LTD.,), MADURAI-10.
2 K.ELANGOVAN, GENERAL MANAGER, TAMILNADU STATE TRANSPORT CORPORATION (MADURAI LTD), MADURAI REGION, MADURAI - 10.
3 BAMA THE ADMINISTRATOR, THE TAMIL NADU STATE TRANSPORT CORPORATION PENSION FUND TRUST, THIRUVALLUVAR ILLAM, ANNA SALAI,CHENNAI-2
ORDER
IN SUB A(MD) No.188 of 2021 in CONT.P(MD)No.595 of 2021 Date :17/09/2021 PKP/JM/SAR-4/22.09.2021/3P/4C 3/3