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Madras High CourtCONT P(MD)/1250/2016closed

P.Pandian,S/O.Ponnaiah, v. Mr.R.Muthukrishnan,

2018-02-01Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2018

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Contempt Petition No.1250 of 2016 in W.P.(MD)No.22065 of 2015 P.Pandian .. Petitioner/Petitioner Vs.

1. R.Muthukrishnan, Managing Director, Tamil Nadu State Transport Corporation(Madurai) Ltd., Madurai.

2. Arumugam, Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002. .. Contemnors/Respondents PRAYER: Contempt Petition filed under section 11 of the Contempt of Courts Act, to commit and punish the respondents for their willful disobedience of the order passed by this Court in W.P(MD)No.22065 of 2015 dated 10.12.2015.

Prayer in WP(MD)No.22065/2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the Respondents to pay all the terminal benefits payable to the petitioner including Salary arrears in terms of settlement under Section 12(3) of the Industrial Disputes Act dated 13.04.2015, Gratuity, the Commuted Value of Pension, Leave Salary with enhanced dearness allowance at the rate 107% in terms of G.O.No.245 Finance (Allowances) Department dated 10.10.2014 and dearness allowance arrears on monthly pension together with interest at the rate of 18% per annum from the date of his retirement to till the date of payment within the time that may be stipulated by this Court. For Petitioner : Mr.A.Rahul For R-1 : Mr.A.Jeyaram For R-2 : Mr.A.P.Muthupandian https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The contempt petition has been filed to commit and punish the respondents for their willful disobedience of the order passed by this Court in W.P.(MD)No.22065 of 2015, dated 10.12.2015.

2. Heard Mr.A.Rahul, learned counsel for the petitioner, Mr.A.Jeyaram, learned counsel for the first contemnor and Mr.A.P.Muthupandian, learned counsel for the second contemnor.

3. The petitioner claims that interest for gratuity, commutation of pension and leave salary, is not paid.

4. The learned counsel for the contemnors on instructions would submit that the amount due and payable if any shall be calculated and paid to the petitioner, within a period of two months from the date of receipt of a copy of this order. In case of noncompliance, the petitioner can revive the contempt petition.

5. Recording the above submission, this contempt petition is closed with liberty to the petitioner to revive the contempt petition in case of non-compliance. No costs. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. R.Muthukrishnan, Managing Director, Tamil Nadu State Transport Corporation(Madurai) Ltd., Madurai.

2. Arumugam, Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

+ 1 CC TO Mr.A.RAHUL, ADVOCATE IN SR No. 45824 PM TE/GT/SAR-4 : 27/02/2018 : 2P/4C Contempt Petition No.1250 of 2016 in W.P.(MD)No.22065 of 2015 01.02.2018 https://hcservices.ecourts.gov.in/hcservices/