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Madras High CourtSUB A(MD)/266/2021ordered

P. Thiruvambalam Pillai v. P.Kalai Arasu,

2021-10-08Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Eighth day of October Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice D.KRISHNAKUMAR in Cont.P.(MD) No.887 of 2021 1 P.THIRUVAMBALAM PILLAI MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI LTD.), MADURAI-10.

... 1st PETITIONER/ 1st CONTEMNOR/ 1st RESPONDENT 2 K.ELANGOVAN, GENERAL MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI LTD.), MADURAI REGION, MADURAI-10.

... 2nd PETITIONER/ 2nd CONTEMNOR/ 2nd RESPONDENT Vs 1 P.KALAI ARASU ... 1st RESPONDNET/ PETITIONER/ PETITIONER 2 BAMA, THE ADMINISTRATOR, TAMIL NADU STATE TRANSPORT CORPORATION EMPLOYEES' PENSION FUND TRUST, THIRUVALLUVAR ILLAM, PALLAVAN SALAI, CHENNAI-600 002.

...2nd RESPONDENT/3rd CONTEMNOR/ 3rd RESPONDNET 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.26185 of 2019 dated 10.12.2019 passed by this Hon`ble Court and thus render justice.

Prayer in CONT P(MD). 887/ 2021 :

To commit and punish the Contemnors/Respondents for their wllful disobedience of the order passed by this Hon'ble Court in W.P (MD).No.26185 of 2019 dated 10-12-2019.

PRAYER in W.P(MD).No.26185 of 2019:Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to pay interest at the rate of 18% 1/3

interest for the belated payment of terminal benefits of P.F., Gratuity, Unavailed leave salary and Commutation, payable to the petitioner from the date of his retirement i.e. 30.04.2018 to till the date of actual payment made to him and all other attendant benefits within the stipulated period.

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, Advocate for the petitioners and of Mr.A.K.THANGAVELU, Advocate for the 1st Respondent, the court made the following order:- This Sub Application has been filed by the Transport Corporation seeking extension of time for a period of six months for settling the amount to the respondent as directed by this Court.

2. The learned counsel appearing for the respondent would submit that the aforesaid six months' period is a longer period and three weeks' time is sufficient for complying with the orders passed by this court.

3. The learned Standing Counsel is making a final request that the petitioner corporation will settle the amount within a period of six weeks' and if not settled, appropriate orders may be passed by this Court.

4. Recording the above statement made by the learned Standing Counsel for the petitioner corporation, this Court is inclined to grant six weeks time to comply with the order passed by this Court. In case of default in settling the said amount, statutory notice shall be issued as against the petitioner corporation.

5. Post the matter after six weeks.

6. Accordingly, this sub application is ordered. sd/- 08/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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.

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TO 1 P.THIRUVAMBALAM PILLAI MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI LTD.), MADURAI-10.

2 K.ELANGOVAN, GENERAL MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI LTD.), MADURAI REGION, MADURAI-10.

3 BAMA, THE ADMINISTRATOR, TAMIL NADU STATE TRANSPORT CORPORATION EMPLOYEES' PENSION FUND TRUST, THIRUVALLUVAR ILLAM, PALLAVAN SALAI, CHENNAI-600 002.

ORDER

IN SUB A(MD) No.266 of 2021 in Cont.P.(MD) No.887 of 2021 Date :08/10/2021 btr/mnr MS/VR/SAR-3/29.10.2021/2P.4C 3/3