S.Murugesan, v. Thriu. Rajeshwaran,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.02.2021

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA in W.P(MD)No.8314 of 2016 S.Murugesan :Petitioner/Petitioner .vs.

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

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

:Contemnors/Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, praying this Court to punish the Contemnors/Respondents for wilfully disobeying and not complying with the order of this Court made in W.P(MD)No.8314 of 2016, dated 27.04.2016.

PRAYER in W.P(MD)No.8314 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.6,19,322/- towards gratuity, Rs.2,52,774/- towards leave salary and also arrears of wages for the period from 01.09.2013 to 31.03.2014 payable pursuant to new wage settlement, together with 18% interest per annum and further directing the respondents to pay him Rs.2,72,325/- towards the pension commutation amount and arrears of pension for the period from 01.04.2014 by revising his pension, together with 18% interest per annum, after calculating all the terminal/pension benefits based on the monthly wages payable to him on the month of his retirement i.e., March, 2014 by revising the same as per the settlement, dated 13.04.2015, as ordered by the Hon'ble Division Bench of 1/3

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

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

O R D E R

************* Alleging that the order of this Court made in W.P(MD)No.8314 of 2016, dated 27.04.2016 has not been complied with, the Petitioner has come up with the present Contempt Petition. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.When the matter is taken up for hearing today, the learned counsel for the Respondents/Contemnors would submit that the order passed in the above Writ Petition has been complied with and has also produced a communication to that effect. However, the learned counsel for the Petitioner disputes the Calculation memo submitted by the learned counsel for the Contemnors. 4.As already liberty is given to the Petitioner in paragraph 6 of the order passed in the above Writ Petition, it is open to him to work out the remedy in the manner known to law. 5.With the above observation, the Contempt Petition stands closed.

Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) vsn 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.

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

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

ORDER MADE IN in W.P(MD)No.8314 of 2016 11.02.2021 KM (23.02.2021) 3P 3C 3/3