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Madras High CourtCONT P(MD)/1274/2019closed

P.Manimegalai v. K.B.Renganathan

2021-02-05Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI in Writ Petition (MD).No.1005 of 2016 P.Manimegalai .. Petitioner/3rd Respondent/ 3rd Respondent Vs.

K.B.Renganathan , The President, R-316, Thirukaduthurai Primary Agriculture Cooperative Credit Society Limited, Karaipalaya, Manmangalam Taluk, Karur District.

.. Contemnor/Petitioner/ Writ Petitioner Prayer:

Contempt Petition is filed under Section 11 of Contempt of Courts Act, 1971, to punish the respondent/contemnor for willfully disobeying the order passed by this Court in W.M.P.(MD). No.830 of 2016 in W.P.(MD).No.1005 of 2016 dated 19.01.2016. Prayer in WMP(MD). 830/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to stay the proceedings of the 2nd Respondent made in Na.Ka.1471/2015 Sa.Pa(Revision Petition No.3/2015 Sa.Pa) dated 23.07.2015 pending disposal of the above writ petition.

Prayer in WP(MD). 1005/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records relating to the proceedings of the 2nd Respondent made in Na.Ka.1471/2015 Sa.Pa(Revision Petition No.3/2015 Sa.Pa) dated 23.07.2015 and quash the same. For Petitioner : Mr.P.R.Prithiviraj For Respondent : Mr.R.Marali for M/s.K.Govindarajan 1/3

ORDER

The contemnor/respondent filed a writ petition before this Court challenging the order of dismissal in which there was an interim order issued by this Court to pay the last drawn wages to the petitioner till the date of disposal of the writ petition and further directed the respondent that if they has chosen to reinstate the petitioner, she is entitled to current wages.

2. When the matter is taken up for hearing, it is represented by the learned counsel appearing for the respondent that in compliance of the interim order in question, the petitioner was reinstated into service and wages also paid to him.

3. However, the learned counsel for the petitioner disputed that the respondent paid last drawn wages alone but not the current wages.

4. Per contra, the learned counsel appearing for the respondent would contend that the main writ petition is pending before this Court and unless the main writ petition itself is disposed of, the issue between the parties cannot be solved. He further submitted that the respondent has complied with the interim order in question.

5. In view of the above submission made by the learned counsel for the respondent, this contempt petition is closed. However, the petitioner is at liberty to work out his remedy in the manner known to law.

Sd/- Assistant Registrar (AD I) // True Copy // / /2021 Sub Assistant Registrar(CS) PJL 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 The President, R-316, Thirukaduthurai Primary Agriculture Cooperative Credit Society Limited, Karaipalaya, Manmangalam Taluk, Karur District.

+1 CC to Mr.K.GOVINDARAJAN, Advocate ( SR-3567[F] dated 05/02/2021 ) +1 CC to Mr.D.SADIQ RAJA, Advocate ( SR-3811[F] dated 08/02/2021 ) Cont.P.(MD).No.1274 of 2019 in W.P.(MD).No.1005 of 2016 05.02.2021 KM (18.02.2021) 3P 4C 3/3