Madras High CourtCONT P(MD)/1759/2019closed

K.Sundaralingam v. Anusham

2020-02-21Honourable Mr Justice M.S. Ramesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2020 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH Contempt Petition(MD) No.1759 of 2019 in W.P.(MD) No.10746 of 2019 K.Sundaralingam Petitioner/Petitioner Vs

1. Anusham, General Manager,

2. Albert Rabera Babu, Deputy Manager, Personal Accounts Section,

3. Susila, Assistant Manager (Labour), (Kumbakonam Limited), Contemnors/Respondents PRAYER: Contempt petition filed under Section 11 of the Contempt of Courts Act, praying to punish the contemnors/respondents for their wilful disobedience of the order of this Court in W.P.(MD) No.10746 of 2019 dated 29.04.2019.

Prayer in WP(MD). 10746/ 2019 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents to disburse the retirement and other benefits to the petitioner in the light of the settlement entered on 04.01.2018 under section 12(3) of the Industrial Dispute Act based on the G.O.Ms.No. 160 of Transport Department dated 03.05.2018.

For Petitioner : Mr.A.Rajkumar Sen For Respondents : Mr.D.Sivaraman Standing Counsel

O R D E R

Mr.Albert Rabera Babu,the Deputy Manager of Tamil Nadu State Transport Corporation, Personal Accounts Section, Kumbakonam is present, pursuant to the Statutory Notice issued by this Court.

2. Though the order of this Court was a direction to the respondents to settle the terminal benefits in twelve equal monthly installments, to day when the matter was called, the learned Standing counsel for the respondents had produced a cheque towards full and final settlement of the terminal benefits, including the interest thereon, at the rate of 6% per annum. The said cheque bearing No.317109 dated 19.02.2020 in favour of the petitioner, has been handed over to the counsel for the petitioner and the same is hereby recorded.

3. This Court is of the view that the alleged disobedience cannot be termed as willful. Hence, this Contempt Petition stands closed.

4. In case, the petitioner is of the view that the payment tendered today is not a full and final settlement of his terminal benefits, it is open to the petitioner to work out his remedies, in accordance with law.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS ) To

1. The General Manager,

2. The Deputy Manager, Personal Accounts Section,

3. The Assistant Manager (Labour), (Kumbakonam Limited), +1 CC to M/s.D.SIVARAMAN, Advocate ( SR-7854[F] dated 24/02/2020 ) Contempt Petition(MD) No.1759 of 2019 in W.P.(MD) No.10746 of 2019 21.02.2020 vrn AE (09.03.2020) 3P 5C