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Madras High CourtCONT P(MD)/1799/2018closed

D.Marimuthu, v. Thiru.Gunasekaran,

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.14624 of 2016 D.Marimuthu ... Petitioner/Petitioner Vs.

1.Thiru.Gunasekaran, The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Trichy.

2.Thiru.Muniyappan, The 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 respondent/contemnor for their deliberate and wilful disobedience of the order of this Court in W.P.(MD).No.14624 of 2016, dated 23.08.2016.

Prayer in W.P.(MD).No.14624 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.10,24,231/- towards Gratuity, Rs.6,05,581/- towards Leave Salary Rs.1,42,374/- towards encashment of leave on Personal Affairs Rs.50,000/- towards Social Security Scheme benefit and Rs.4,360/- towards refundable deposits together with 18% interest per annum along with interest amount towards the delay period from 31.05.2016 to 21.01.2017 in paying EPF Employee's Contribution amount Rs.4,44,222/- at the rate as per EPF Scheme and further directing the respondents to pay him Rs.4,00,301/- towards the pension commutation together with 18% interest per annum, within a time frame as may be fixed by this court.

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For Petitioner : Mr.S.Arunachalam For Respondents : Mr.D.Sivaraman Standing counsel

O R D E R

Alleging disobedience of the order of this Court in W.P.(MD). No.14624 of 2016, dated 23.08.2016, 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.14624 of 2016, dated 23.08.2016, 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-I) // 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.Thiru.Gunasekaran, The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Trichy.

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

+1 CC to M/s.D.SIVARAMAN, Advocate ( SR-3011[F] dated 03/02/2021 ) in W.P.(MD).No.14624 of 2016 02.02.2021 ES (CO) NR (11/02/2021) 3P : 4C 3/3