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Madras High CourtCONT P(MD)/1414/2019closed

P.Rajendran, v. Paninthira Reddy,

2019-10-03Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Cont. P(MD)Nos.1414 to 1420 of 2019 in W.P(MD)Nos.751, 759, 762, 763, 764, 770, and 774 of 2019 P.Rajendran, ... Petitioner(s) in CONT P(MD). 1414/ 2019 K.V.Gangadharan, ... Petitioner(s) in CONT P(MD). 1415/ 2019 P.Dharmamani, ... Petitioner(s) in CONT P(MD). 1416/ 2019 V.Chandran, ... Petitioner(s) in CONT P(MD). 1417/ 2019 M.Ramalingam, ... Petitioner(s) in CONT P(MD). 1418/ 2019 N.K.Rajkumar, ... Petitioner(s) in CONT P(MD). 1419/ 2019 S.Shanmugam, ... Petitioner(s) in CONT P(MD). 1420/ 2019 - Vs. -

1. Paninthira Reddy The Commissioner, Hindu Religious and Charitable Endowment Administraion, Nungampakkam High Road, Chennai - 600006.

2.Natarajan, The Joint Commissioner/Executive Officer, Arulmigu Meenakshi Sundareswarar Thirukoil, Madurai. ... Respondent(s) in CONT P(MD). 1415/ 2019 Prayer in CONT P(MD). 1414/ 2019 to 1420/2019: These Contempt Petitons are filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for willful disobeying of the order and having committed contempt over the order dated 18.1.19 in WP.(MD)Nos.751/2019, 759/2019,762/2019, 763/2019,764/2019,770/2019 and 774/2019 respectively by this Honble Court and thus render justice.

Prayer in WP(MD). 751/ 2019 :

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Mandamus directing the 1st respondent to implement the order passed by the controlling officer of payment of Gratuity/ The Assistant Commissioner of Labour, Madurai on 29.11.2017 in Panikodai No.75/2017 filed by the petitioner and fix a time frame by this Honble Court to disburse the gratuity amount entitled by the petitioner Prayer in WP(MD). 759/ 2019 :

Mandamus directing the 1st respondent to implement the order passed by the controlling officer of payment of Gratuity/ The Assistant Commissioner of Labour, Madurai on 30.03.2017 in Panikodai No.142/2015 filed by the petitioner and fix a time frame by this Honourable Court to disburse the gratuity amount entitled by the petitioner and thus render justice.

Prayer in WP(MD). 762/ 2019 :

Mandamus directing the 1st respondent to implement the order passed by the controlling officer of payment of Gratuity/ The Assistant Commissioner of Labour, Madurai on 30.03.2017 in Panikodai No.166/2015 filed by the petitioner and fix a time frame by this Honourable Court to disburse the gratuity amount entitled by the petitioner and thus render justice.

Prayer in WP(MD). 763/ 2019 :

Mandamus directing the 1st respondent to implement the order passed by the controlling officer of payment of Gratuity/ The Assistant Commissioner of Labour, Madurai on 30.03.2017 in Panikodai No.89/2015 filed by the petitioner and fix a time frame by this Honourable Court to disburse the gratuity amount entitled by the petitioner and thus render justice.

Prayer in WP(MD). 764/ 2019 :

Mandamus directing the 1st respondent to implement the order passed by the controlling officer of payment of Gratuity/ The Assistant Commissioner of Labour, Madurai on 30.03.2017 in Panikodai No.150/2015 filed by the petitioner and fix a time frame by this Honourable Court to disburse the gratuity amount entitled by the petitioner and thus render justice.

Prayer in WP(MD). 770/ 2019 :

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Mandamus directing the 1st respondent to implement the order passed by the controlling officer of payment of Gratuity/ The Assistant Commissioner of Labour, Madurai on 30.03.2017 in Panikodai No.118/2015 filed by the petitioner and fix a time frame by this Honourable Court to disburse the gratuity amount entitled by the petitioner and thus render justice.

Prayer in WP(MD). 774/ 2019 :

Mandamus directing the 1st respondent to implement the order passed by the controlling officer of payment of Gratuity/ The Assistant Commissioner of Labour, Madurai on 30.03.2017 in Panikodai No.105/2015 filed by the petitioner and fix a time frame by this Honourable Court to disburse the gratuity amount entitled by the petitioner and thus render justice.

For Petitioners in all Contempt Petitions :Mr.R.Ramasamy For Respondents :Mr.V.R.Shanmughanathan in all Contempt Petitions Special Government Pleader COMMON O R D E R The petitioners herein were employees of the second respondent temple. They had moved the controlling authority and obtained an order for payment of their Gratuity dues. Seeking implementation of the orders passed by the controlling authority, the writ petitions were filed before me. On 18.01.2019, I allowed the writ petitions. Challenging the same, writ appeals have been filed. But the fact remains that no interim order has been granted. In the meanwhile, these Contempt petitions came to be filed.

2. The learned Special Government Pleader appearing for the respondents submits that the principal Gratuity amounts have already been paid to the employees and the dispute is only regarding interest. The interest amounts have since been deposited before the Deputy Commissioner of Labour, Madurai/appellate authority.

3. This Court therefore permits the petitioners herein to move the appellate authority and have the interest amounts withdrawn. There is no need for the appellate authority to issue notice to the temple management or get its no objection. In other words, the appellate authority will disburse the interest amount directly to the respective claimants. I am therefore making a direction to that effect. Of course the rights of the parties will abide by the final outcome of the applications filed by the authority before the appellate authority/writ appeals/proceedings pending before the Hon'ble Supreme Court.

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4. The Contempt petitions stand closed, accordingly. Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar(CS) To 1.Paninthira Reddy The Commissioner, Hindu Religious and Chartitable Endowrment Administration Nungampakkam High Road, Chennai 600 006.

2.Natarajan The Joint Commissioner / Executive Officer, Arulmigu Meenakshi Sundareswarar Thirukoil, Madurai.

Copy to:

The Assistant Commissioner of Labour, Madurai.

+1 cc Mr.R.RAMASAMY,Advocate, SR.No. 91046 ORDER MADE IN Cont. P(MD)Nos.1414 to 1420 of 2019 in W.P(MD)Nos.751, 759, 762, 763, 764, 770, and 774 of 2019 03.10.2019 KK/SAR/04.10.2019/4P-5C/ 4/4