Amirthavalli v. Mohan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND in W.P.(MD)No.21516 of 2016 Amirthavalli ..Petitioner/Petitioner Vs.

1.Mohan, The Managing Director, Tamil Nadu State Transport Corporation, (Kumbakonam) Limited, Kumbakonam.

2.Elangovan, The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam) Limited, Pudukottai Region, Pudukottai.

..Contemnors/ Respondents 1/6

PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the contemnors/respondents for their wilful disobedience of the order passed by this Court made in W.P.(MD) No.21516 of 2016 dated 16.02.2021.

For Petitioner : Mr.A.Rahul For Respondent : Mr.Veerakathiravan Senior Counsel for Mr.K.Jagadees Balan O R D E R This Contempt Petition has been filed complaining willful disobedience of the respondents in implementing the order dated 16.02.2021 passed in W.P(MD)No.21516 of 2016 in true letter and spirit.

2. While disposing the said Writ Petition, this Court directed the respondents to consider the representation of the petitioner in terms 2/6

of the settlement arrived under Section 12(3) of the Industrial Disputes Act, between the employees Union and the Management dated 25.09.1986 and 13.04.2015 and accordingly, the respondents are directed to consider the petitioner's representation, dated 24.02.2016 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of the order.

3. During the course of hearing today, Mr.Veerakathiravan, learned Senior Counsel appearing for the respondents placed the proceedings No.01/PS-P1/TNSTC(Kum)/2023, dated 28.09.2023 issued by the second respondent, appointing the son of the petitioner as Conductor under compassionate grounds in compliance of the order of this Court. It is placed on record.

4. On perusal of the material available on record, it appears that there is some delay in implementing the order of the Court. However, considering the facts and circumstances of the case, this Court intends to take lenient view with regard to delay. 3/6

5. In view of the fact that the order of the Court is complied with by appointing the family member of the petitioner and accordingly, this Contempt Petition is closed.

29.09.2023 Index :Yes / No Internet :Yes NCC : Yes / No RM 4/6

To

1. The Managing Director, Tamil Nadu State Transport Corporation, (Kumbakonam) Limited, Kumbakonam.

2. The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam) Limited, Pudukottai Region, Pudukottai.

5/6

BATTU DEVANAND, J.

RM 29.09.2023 6/6