K.Marimuthu v. Dhanushkodi Ramalingam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Cont.P. (MD)Nos.1840 to 1844 of 2018 in W.P.(MD).Nos.7633, 7634, 7761, 7765 and 7766 of 2016 1.K.Marimuthu ... Petitioner in Cont.P.No.1840/2018 2.M.Vijayan ... Petitioner in Cont.P.No.1841/2018 3.R.Krishnamoorthy ... Petitioner in Cont.P.No.1842/2018 4.M.Iqbal ... Petitioner in Cont.P.No.1843/2018 5.A.Kamartheen ... Petitioner in Cont.P.No.1844/2018 Vs.

1.Thiru.Dhanushkodi Ramalingam, The General Manager, Tamil Nadu State Transport Corporation Madurai Limited, Dindigul Region, Dindigul.

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

... 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.7633 of 2016, 7634,7761,7765,7766 respectively dated 22.04.2016.

Prayer in WP(MD). 7633/ 2016 :[Cont.P.(MD)No.1840 of 2018] Writ Petition is 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.7,00,662/- towards Gratuity and Rs.1,97,491/- towards Leave Salary and also arrears of wages for the period from 01.09.13 to 31.05.15 payable pursuant new wage settlement, together with 18% interest per annum and further directing the respondents to pay the petitioner Rs.2,80,763/- towards the Pension Commutation amount together with 18% interest per annum within a time frame as may be fixed by this Honble Court.

Prayer in WP(MD). 7634/ 2016 :[Cont.P.(MD)No.1841 of 2018] Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of 1/3

Mandamus directing the 1st respondent to pay the petitioner Rs.6,61,803/- towards Gratuity and Rs.2,050/- towards Leave Salary and also arrears of wages for the period from 01.09.13 to 31.05.15 payable pursuant new wage settlement, together with 18% interest per annum and further directing the respondents to pay the petitioner Rs.2,76,193/- towards the Pension Commutation amount together with 18% interest per annum within a time frame as may be fixed by this Honourable Court.

Prayer in WP(MD). 7761/ 2016 :[Cont.P.(MD)No.1842 of 2018] Writ Petition is 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.30,485/- towards Leave Salary together with 18% interest per annum and also interest amount towards the delayed payment of Gratuity amount Rs.3,35,471/- for the period from 30.04.11 to 05.11.12 as per Sec.7 (3A) of the Payment of Gratuity Act and further directing the 1st and 2nd respondents to pay him interest amount towards the delayed payment of Pension Commutation amount Rs.2,08,438/- for the period from 30.4.2011 to 12.9.2012 at the rate of 18% interest within a time frame as may be fixed by this Court. Prayer in WP(MD). 7765/ 2016 :[Cont.P.(MD)No.

1843 of 2018] Writ Petition is 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.5,93,875/- towards Gratuity and Rs.3,52,725/- towards Leave Salary and also arrears of wages for the period from 01.09.13 to 31.03.2015 payable pursuant new wage settlement, together with 18% interest per annum and further directing the respondents to pay him Rs.2,60,372/- towards the Pension Commutation amount and arrears of pension for the period from 01.04.15 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 retirement i.e., March, 2015 by revising the same as per the settlement dated 13.04.

15, as ordered by the Honourable Division Bench of this court in its order dated 29.01.16 in WA(MD)No.1457/15 and etc., batch. Prayer in WP(MD). 7766/ 2016 :[Cont.P.(MD)No.1844 of 2018] Writ Petition is 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.6,50,603/- towards Gratuity and Rs.3,28,461/- towards Leave Salary and also arrears of wages for the period from 01.09.13 to 31.03.2015 payable pursuant new wage settlement, dated 13.04.15 together with 18% interest per annum and further directing the respondents to pay him Rs.2,77,047/- towards the Pension Commutation together with 18% interest per annum within a time frame as may be fixed by this Honourable Court.

2/3

For Petitioner : Mr.S.Arunachalam in all petitions For Respondents : Mr.J.Senthil Kumariah Standing counsel for Respondents (In all Cont.Petitions) C O M M O N O R D E R Alleging disobedience of the order of this Court in W.P.(MD). Nos.7633, 7634, 7765, 7761 and 7766 of 2016, dated 22.04.2016, the petitioners have filed the present contempt petitions.

2. When the matters are taken up for hearing today, the learned counsel appearing for the petitioners would submit that the order passed by this Court in W.P.(MD).Nos.7633, 7634, 7765, 7761 and 7766 of 2016, dated 22.04.2016 has been complied with. However, some of the amount was not paid to the petitioners.

3. In view of the above, these Contempt Petitions are closed with liberty to the petitioners to work out the remedy, in the manner known to law.

Sd/- Assistant Registrar // 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. Cont.P. (MD)Nos.1840 to 1844 of 2018 in W.P.(MD).Nos.7633, 7634, 7765, 7761 and 7766 of 2016 02.02.2021 AP(19/02/2021) 3P 1C 3/3