Arasu Pokkuvarathu Madurai v. Mr.N.Balakrishnasamy

BEFORE THE MADRUAI BENCH OF MADRAS HIGH COURT DATED : 16.09.2019 CORAM :

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Cont.P.(MD)No.795 of 2018 in W.P.(MD)No.266 of 2017 Arasu Pokkuvarathu Madurai Thozhilalar Sangam, Rep. by its General Secretary, R.Vasudevan, S/o.Late Ramamoorthy, No.217/18, Malligai Street, Soorya Nagar, K.Pudhur, Madurai - 625 007.

... Petitioner Vs.

1.Mr.N.Balakrishnasamy, The Managing Director (In-charge), Tamil Nadu State Transport Corporation (Madurai) Limited, Bye-Pass Road, Madurai - 625 016.

2.Mr.N.Rajasundar, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Madurai.

... Respondents Prayer : Petition filed under Section 11 of the Contempt of Courts Act, 1971, to commit and punish the respondents for their wilful disobedience of the order passed by this Court, dated 07.09.2017, in Cont P(MD)No.266 of 2017.

Prayer in CONT P(MD). 266/ 2017 :

To punish the respondents for their wilful disobedience of the order passed by this Honourable Court in W.P.(MD)No.21436 of 2016 dated 01.12.2016.

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Prayer in WP(MD). 21436/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the 1st respondent to pay temporary workers (Driver, Conductor and Non ITI Helper/ Junior Tradesmen including daily paid and reserve crew employees) working in the 1st respondent corporation at rates not below what has been prescribed in G.O.(2D). No.91 Laour and Employment Department dated 12.12.2013 r/w the statement bearing Z3/9329/2016 dated 24.03.2016 issued by the Commissioner of Labour, Chennai - 6 together with the arrears payable from 01.04.16.

For Petitioner : Mr.A.Rahul For Respondents : Mr.J.Senthil Kumaraiah Standing Counsel

O R D E R

Alleging non-compliance of the order dated 07.09.2017, made in W.P.(MD)No.266 of 2017, the present contempt petition has been filed.

2.Today, when the matter is taken up for hearing, the respondents have filed an affidavit seeking unconditional apology for not paying arrears of difference amount of monthly wages for the period from 01.04.2016 to 31.07.2017 to the petitioner and would pray for granting further time of six months for settling the dues. 3.Recording the above affidavit filed by the respondents, this contempt petition is closed directing the respondents to pay the arrears of difference amount of monthly wages to the petitioner for the abovesaid period within a period of six months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) Smn2 2/3

To 1.Mr.N.Balakrishnasamy, The Managing Director (In-charge), Tamil Nadu State Transport Corporation (Madurai) Limited, Bye-Pass Road, Madurai - 625 016.

2.Mr.N.Rajasundar, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Madurai.

+1 CC to M/s.J.SENTHIL KUMARAIAH, Advocate ( SR-87078[F] dated 17/09/2019 ) +1 CC to M/s.A.RAHUL, Advocate ( SR-87860[F] dated 19/09/2019 ) 16.09.2019 KK/SAR/30.09.2019/3P-5C/ 3/3