G.Ramalingam v. Ponmudi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Tenth day of August Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN IN CONT P(MD) No.624 of 2017 G.RAMALINGAM ... PETITIONER/PETITIONER/ PETITIONER Vs 1 PONMUDI THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM) LTD, KUMBAKONAM.
2 MONI THE GENERAL MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM) LTD, TRICHY REGION, TRICHY.
3 NAVANEETHAKRISHNAN THE ASSISTANT MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM) LTD, TRICHY REGION, TRICHY.
4 ARUMUGAM THE ADMINISTRATOR, TAMIL NADU STATE TRANSPORT CORPORATION PENSION FUND TRUST, THIRUVALLUVAR HOUSE, PALLAVAN SALAI, CHENNAI-2. ... RESPONDENTS/RESPONDENTS/ RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to revive Contempt Petition (MD)No.624 of 2017. PRAYER IN CONT P(MD) No.624 of 2017:
To initiate contempt proceedings against the Contemnors/Respondents and punish him for athe willful disobedience of the order of the Hon'ble High Court in WP(MD)No.16981 of 2016 dated 03.11.2016.
PRAYER IN WP(MD)No.16981 of 2016:
Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by 1/3
the 3rd respondent dated 23.03.2016 in ordering recovery of Rs.31,536/- from the petitioners terminal benefits towards 'unimplemented punishments or increment cuts' quash the same and consequently direct the respondents to settle his Gratuity commuted value of pension Earned Leave Salary Cholan Employees security Scheme amount and refund of his contribution made to Medical Engineering Polytechnic Colleges and to Institute of Road Transport and other attendant retiral benefits, without making any recovery together with interest at the rate of 18% per annum payable to his with effect from 31.01.2016 to till the date on which the above benefits are settled to the petitioner and further directing the respondents to refend a sum of Rs.31,536/- already benefits with interest at the rate of 18% per annum.
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.A.RAHUL, Advocate for the petitioner and of M/S.D.SIVARAMAN, Advocate on behalf of the Respondents the court made the following order:- This petition is filed to revive the Contempt Petition (MD). No.624 of 2017.
2. The learned counsel appearing for the petitioner submitted that the contempt petition in Cont.P.(MD).No.624 of 2017 was closed by order dated 20.02.2018 and undertaking was given by the respondent to pay the entire arrears within a period of two months from the date of receipt of a copy of the order. However, it is submitted that the interest of leave salary is not paid.
3. The learned counsel appearing for the respondents submitted that leave salary was paid but only the interest is not paid. The order in the Writ Appeal in W.A.(MD).No.465 of 2017 batch dated 30.06.2017, is that a direction is given to the respondent to pay the entire terminal benefits in twelve equal monthly installments together with the simple interest at 6% per annum on the expiry of three months from the date of retirement of the concerned workman, in default, to pay interest at the rate of 18% per annum from the date of retirement till the date of payment.
4. In view of the non payment of interest, this petition is allowed. Accordingly, the Contempt Petition is revived. sd/- 10/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 PONMUDI THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM) LTD, KUMBAKONAM.
2 MONI THE GENERAL MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM) LTD, TRICHY REGION, TRICHY.
3 NAVANEETHAKRISHNAN THE ASSISTANT MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM) LTD, TRICHY REGION, TRICHY.
4 ARUMUGAM THE ADMINISTRATOR, TAMIL NADU STATE TRANSPORT CORPORATION PENSION FUND TRUST, THIRUVALLUVAR HOUSE, PALLAVAN SALAI, CHENNAI-2.
ORDER
IN IN CONT P(MD) No.624 of 2017 Date :10/08/2022 RK/JM/SAR-II(18/08/2022) 3P/5C 3/3