Madras High CourtCONT P(MD)/1233/2016closed

T.Jeganathan v. Mr.Rengarajan,

2017-09-07Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2017

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Cont P.(MD).No.1233 of 2016 in W.P.(MD).No.4760 of 2016 T.Jegananthan ..Petitioner/Petitioner Vs.

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

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

3.Arumugam, The Administrator, Tamilnadu State Transport Corporation Pension Fund Trust, Pallavan Salai, Chennai 02.

... Contemnors/ Respondents PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts Act 1971, to punish the respondent for their wilful disobedience of the order passed by this Court, in W.P. (MD) No.4760 of 2016, dated 09.03.2016.

Prayer in WP(MD). 4760/ 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 pay all the terminal benefits payable to the petitioner including Gratuity, Commuted Value of Pension and also the pay revision in terms of settlement under Section 12(3) of the Industrial Disputes Act dated 13.04.2015, with enhanced dearness allowance fixed by the Government of Tamilnadu and dearness allowance arrears on his monthly pension as revised and increased from time to time together with interest at the rate of 18% per annum from the date of his retirement to till the date of payment. For Petitioner : Mr.A.Rahul For R1 and R2 :Mr.D.Sivaraman For R3 :Mr.A.P.Muthupandian https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This Court, by an earlier order dated 09.03.2016 in W.P.(MD). No.4760 of 2016 had directed the respondents to settle the petitioner's terminal benefits with interest at 6% per annum in 12 equal monthly installments and first installment shall be paid on or before 10.04.2016 and in case of default in paying installments, such defaulted amounts will carry interest at the rate of 18% per annum. Since the respondents herein have not complied with the same, the petitioner has come up with this contempt petition.

2.Today, when the matter was taken up for hearing, the learned counsel for the contempt petitioner submits that the order has been complied with except the portion for payment of interest on commutation.

3.The learned counsel for the third respondent also assures that the said amount will be paid within a period of two months. 4.The said submission is recorded. If the amount is not paid, it is open to the petitioner to revive this contempt petition. 5.Accordingly, this Contempt Petition is closed. No costs. Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To 1.Rengarajan The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.

2.Dharamaraj, The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,Karaikudi Region, Karaikudi. 3.Arumugam, The Administrator, Tamilnadu State Transport Corporation Pension Fund Trust, Pallavan Salai,Chennai 02 +1cc to Mr.A.RAHUL,Advocate,SR.77179 +1cc to Mr.D.SIVARAMAN,Advocate,SR.77204 Cont P.(MD).No.1233 of 2016 in W.P.(MD).No.4760 of 2016 07.09.2017 https://hcservices.ecourts.gov.in/hcservices/ MSA KK/SV MMS/SAR 3/18.09.2017/ 2P-6C