A.Pitchaiah v. Murugesan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Cont.P. (MD)No.1288 of 2019 in W.P.(MD).No.1514 of 2017 Mr.A.Pitchaiah ... Petitioner/ Petitioner Vs.

1.Mr.Murugesan, The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye-pass Road, Madurai.

2.Mr.Venkatraj, The Administrator, Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai 600 002.

... Contemnors/Respondents Prayer : Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971, to initiate contempt proceedings for the disobedience of the order of this Court in W.P.(MD).No.1514 of 2017, dated 19.03.2019.

Prayer in WP(MD). 1514/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus to directing the respondents to pay petitioner monetary benefits forthwith petitioner basic pay amount take into account of the period from 27.07.2001 to 31.05.2011 for calculating the differential basic pay amount Rs.1,90,000/-, differential pension amount Rs.3,58,060/- which is effect from 31.05.2011, different in gratuity amount Rs.6,762/- and pay the back wages from 21.12.1994 to 27.07.2001 amount Rs.2,08,880/- benefits are all the above as per the award dated 29.01.2001 passed in I.D.NO. 189 of 1995 by the Labour Court, Thirunelveli as confirmed by the Madras Highcourt in W.P.NO.18300 of 2001 and also refund the amount of Rs.35000/- which was recovered by the first respondent with reasonable rate of interest.

For Petitioner : Mr.S.Muthuvinayagam For Respondents : Mr.J.Senthil Kumaraiah Standing counsel 1/3

O R D E R

Alleging disobedience of the order of this Court in W.P.(MD). No.1514 of 2017, dated 19.03.2019, the petitioner has filed the present contempt petition.

2. When the matter is taken up for hearing today, the learned Standing counsel appearing for the respondents would submit that against the order passed by this Court in W.P.(MD).No.1514 of 2017, dated 19.03.2019, the first respondent has preferred an appeal before the Division Bench of this Court in W.A.(MD).No.1059 of 2020 and the Division Bench of this Court has dismissed the appeal, on 15.12.2020 and directed the appellant to settle the amount due, if any to the first respondent. Now, the learned Standing counsel has produced the letter dated 23.08.2019, issued by the first respondent stating that already all the amount settled to the petitioner and there is no due.

3. Recording the above said submissions, the Contempt Petition is closed. However, the petitioner is at liberty to work the remedy, in the manner known to law.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.Mr.Murugesan, The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye-pass Road, Madurai.

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2.Mr.Venkatraj, The Administrator, Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai 600 002.

Cont.P. (MD)No.1288 of 2019 in W.P.(MD).No.1514 of 2017 04.02.2021 (NA) KV(16.02.2021) 3P 3C 3/3