Madras High CourtCONT P(MD)/1795/2018closed

M.Mathiyalagan, v. Thiru.Rajeshwaran,

2021-02-11Honourable Mrs Justice Pushpa Sathyanarayana2 pages

CONT.P(MD)No.1795 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.02.2021

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA CONT.P(MD)No.1795 of 2018 in W.P(MD)No.8313 of 2016 M.Mathiyalagan ... Petitioner/Writ Petitioner Vs.

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

2.Muniyappan, The Administrator, Tamil Nadu State Transport Employees'Provident Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.

... Contemnors/Respondents 1 & 2 Prayer:- Contempt Petition filed under Section 11 of Contempt of Courts Act, 1971 to punish the contemnors/respondents for their wilful disobedience of the order of this Court made in W.P(MD) No.8313 of 2016 dated 27.04.2016.

PRAYER in W.P(MD)No.8313 of 2016 : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st respondent to pay the petitioner Rs.5,32,818/- towards gratuity, Rs.2,89,296/- towards leave salary and also arrears of wages for the period from 01.09.2013 to 31.12.2013 payable pursuant new wage settlement, together with 18% interest per annum and further directing the respondents to pay him Rs.2,54,344/- towards the pension commutation amount and arrears of pension for the period from 01.01.2014 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., December, 2013 by revising the same as per the settlement, dated 13.04.2015, as ordered by the Hon'ble Division Bench of 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CONT.P(MD)No.1795 of 2018

ORDER

Alleging that the order of this Court in W.P(MD)No.8313 of 2016 dated 27.04.2016 has not been complied with, the petitioner has come up before this Court with this Contempt Petition. 2.When the matter is taken up for hearing today, the learned counsel for the respondents/contemnors would submit that the order passed in the 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.

3.As already liberty is given to the petitioner in paragraph No.6 of the order passed in the above Writ Petition, it is open to them to work out the remedy in the manner known to law. 4.With the above observation, the Contempt Petition stands closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) ps To 1.Rajeshwaran, The General Manager, Tamil Nadu State Transport Corporation(Madurai) Limited, Dindigul Region,Dindigul.

2.Muniyappan, The Administrator, Tamil Nadu State Transport Employees'Provident Fund Trust, Thiruvalluvar Illam, Anna Salai,Chennai - 2.

CONT.P(MD)No.1795 of 2018 in W.P(MD)No.8313 of 2016 11.02.2021 (ES)CO AP(24/02/2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2