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Madras High CourtCONT P(MD)/1742/2018closed

D.Paulsamy, S/O. Dasan, v. Thiru. Rajeshwaran,

2021-02-02Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI in W.P.(MD).No.11367 of 2016 D.Paulsamy ... Petitioner/Petitioner vs

1. Rajeshwaran General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Dindigul.

2. Muniyappan, Administrator, Tamil Nadu State Transport Employee's Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai -2.

Contemnors/Respondents Prayer : Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents/contemnors for their deliberate and wilful disobedience of the order of this Court in W.P.(MD).No.11367 of 2016, dated 27.06.2016. Prayer in W.P .(MD).No.11367 of 2016 : Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus directing the 1st respondent to pay the petitioner Rs.5,32,802/- towards Gratuity and Rs.2,69,366/- towards Leave Salary and also arrears of wages for the period from 01.09.13 to 31.01.15 payable pursuant to new wage settlement, together with 18% interest per annum and further directing the respondents to pay him Rs.2,33,350/- towards the Pension Commutation amount and arrears of pension for the period from 01.02.

15 by revising his pension together with 18% interest per annum, after calculating all his terminal/pension benefits based on the monthly wages payable to him on the month of his retirement I.e.January, 2015 by revising the same as per the settlement dated 13.04.

in its order dated 29.01.2016 in W.A.(MD).No.1457/2015 and etc., batch.

For Petitioner : Mr.S.Arunachalam For Respondents : Mr.J.Senthil Kumariah Standing counsel

O R D E R

Alleging disobedience of the order of this Court in W.P.(MD). No.11367 of 2016, dated 27.06.2016, the petitioner has filed the present contempt petition.

2. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that the order passed by this Court in W.P.(MD).No.11367 of 2016, dated 27.06.2016, has been complied with. However, some of the amount was not paid to the petitioner.

3. In view of the above, the Contempt Petition is closed with liberty to the petitioner to work out the remedy, in the manner known to law.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) akv Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To

1. The General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Dindigul.

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2. The Administrator, Tamil Nadu State Transport Employee's Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai -2.

in W.P.(MD).No.11367 of 2016 02.02.2021 KM (11.02.2021) 3P 3C 3/3