G.Augustin Xavier v. Rajmohan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI in W.P(MD) No.4035 of 2021 G.Agustin Xavior

...Petitioner/Petitioner

.vs.

1.Mr.Rajmohan Managing Director, Tamilnadu State Transport Corporation (KUM) Ltd, New Railway Station Road, Kumbakonam - 612 001.

2.Mr.Jebaraj Navamani, General Manager, TamilNadu State Transport Corporation (KUM) Ltd, No.27, New Railway Station Road, Kumbakonam Region, Kumbakonam - 612 001.

3.Bama, Administrator, TamilNadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

...Contemnors/Respondents PRAYER: Contempt Petition filed under Section 10 of the Contempt of Courts Act, praying this Court to punish the contemnors/respondents for their deliberate and willful disobedience of the order passed by this Court in W.P(MD) No.4035 of 2021, dated 02.03.2021. Prayer in WP(MD). 4035/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents to disburse interest at the rate of 6 percentage for retirement benefits Gratuity, Provident Fund and Leave Salary and commutation For Petitioner :Mr.K.Gokul For Respondents :Mr.D.Sivaraman Standing Counsel 1/3

O R D E R

This contempt petition is filed that order of this Court in W.P(MD) No.4035 of 2021, dated 02.03.2021 has not been complied with.

2.This Court, by order dated 02.03.2021, directed the respondents to pay the belated payment of terminal benefits together with interest at the rate of 6%, within a period of six months. 3.Today(21.01.2022), when the matter is taken up for hearing, the learned Standing Counsel appearing for the Transport Corporation produced a proceedings of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd, in TNSTC/ KUM/ LEGAL/ L2/ Cont.Pet.No.1322/2021, dated 06.01.2022, wherein, they have stated that the balance amount has been settled to the petitioner through ECS on 06.01.2022.

4.The learned counsel appearing for the petitioner also conceded the same.

5.Recording the aforesaid submission made on behalf of the respondent Corporation, this contempt petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) vrn 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.The Managing Director, Tamilnadu State Transport Corporation (KUM) Ltd, New Railway Station Road, Kumbakonam - 612 001.

2.The General Manager, TamilNadu State Transport Corporation (KUM) Ltd, No.27, New Railway Station Road, Kumbakonam Region, Kumbakonam - 612 001.

2/3

3.The Administrator, TamilNadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

+1 CC to M/s.D.SIVARAMAN, Advocate ( SR-2164[F] dated 24/01/2022 ) in W.P(MD) No.4035 of 2021 21.01.2022 MA(CO) KB(09.02.2022) 3P 5C 3/3