Madras High CourtSUB A(MD)/218/2021allowed

Ganesan v. K.Palanichamy

2021-09-24Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Fourth day of September Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice D.KRISHNAKUMAR in CONT P(MD) No.649 of 2021 GANESAN THE GENERAL MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI) LTD, DINDIGUL REGION, DINDIGUL. ... PETITIONER/1st CONTEMNOR/ 1st RESPONDENT Vs 1 K.PALANICHAMY ... 1st RESPONDENT/PETITIONER/PETITIONER 2 BHAMA THE ADMINISTRATOR, TAMIL NADU STATE TRANSPORT EMPLOYEES PENSION FUND TRUST, THIRUVALLUVAR ILLAM, ANNA SALAI, CHENNAI-2.

... 2nd RESPONDENT/2nd CONTEMNOR/ 2nd 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 WP(MD)No.24859 of 2019 dated 25.11.2019 passed by this Honourable Court.

Prayer in CONT P(MD). 649/ 2021 :

pleased to punish the contemnors/respondents for willfully disobeying and not complying with the order of this Honourable Court dated 25.11.2019 in WP(MD) NO. 24859/2019.

Prayer in WP(MD). 24859/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court directing the respondents to pay interest at the rate of 18 percent per annum, for the period of delay from 01/06/2018 to 21/09/2019, in paying the amounts paid towards the terminal and pension benefits of the petitioner namely EPF Employees Contribution, Gratuity and Commutated Value of Pension.

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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 M/S.J.SENTHIL KUMARAIAH, Advocate for the petitioner and of Mr.S.ARUNACHALAM, 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 25.11.2019 passed in W.P.(MD) No.24859 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, 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 side 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. If the order is not complied within the aforesaid time, statutory notice shall be issued against the concerned respondent.

5. Post the contempt petition on 22.10.2021.

6. Accordingly, this sub application is ordered. sd/- 24/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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 GANESAN, THE GENERAL MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION(MADURAI) LTD, DINDIGUL REGION, DINDIGUL.

2 BHAMA THE ADMINISTRATOR, TAMIL NADU STATE TRANSPORT EMPLOYEES PENSION FUND TRUST, THIRUVALLUVAR ILLAM, ANNA SALAI, CHENNAI-2.

ORDER

IN in CONT P(MD) No.649 of 2021 Date :24/09/2021 SS/PN/SAR-IV/04.10.2021 : 3P/3C 3/3