R.Sekar, S/O.Rasu, v. P.Ravindran,

Cont.P.(MD)No.1758 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY Cont.P.[MD]No.1758 of 2018 in W.P(MD) No.5542 of 2016 R.Sekar ... Petitioner/Petitioner Vs.

1. P.Ravindran, The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.

2. Elangovan The General Manager (Incharge), Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam Region, Kumbakonam.

3.Muniappan, The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Pallavan Salai, Chennai-02.

... Respondents PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Court Act, 1971, to initiate contempt proceedings against the contemnors/respondents and punish them for their willful disobedience of the order of the High Court in W.P.(MD)No.5542 of 2016, dated 21.03.2016.

Prayer in WP(MD). 5542/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the Respondents to grant the petitioner 4th review benefits and to revise his pay in the post of Checking Inspector with retrospective effect from 30.10.2010 in terms of Government Order in G.O.Ms.No.61, Transport (C) Department dated 30.04.2015 and as per settlement dated 22.01.2011 and further directing the Respondents to pay him the difference amount in his salary and to pay difference in his retirement benefits including difference amount in monthly pension, gratuity, leave salary, commuted value of pension and all other attendant benefits payable to the petitioner from 09.06.2012 to till date together with interest at the rate of 18% per annum. For Petitioner : Mr.A.Rahul For Respondents : Mr.D.Sivaraman https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont.P.(MD)No.1758 of 2020

O R D E R

The learned counsel appearing for the petitioner would submit that subsequent to the filing of the contempt petition, as per Section 12(3) of the Industrial Dispute Act, the petitioner is entitled for difference in commutation and difference in pension. Therefore, he would submit that the petitioner will workout his remedy elsewhere. Hence, he prays to close the contempt petition. 2.Recording the said submission, this Contempt Petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) 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 Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.

2. The General Manager (Incharge), Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam Region, Kumbakonam.

3. The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Pallavan Salai, Chennai-02.

+1 CC to Mr.D.SIVARAMAN, Advocate SR-19963.

Cont.P.[MD]No.1758 of 2020 13.10.2020 VR(CO) CS(19.11.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2