B.Swaminathan v. Mr.R.Rengarajan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Cont. P(MD)No.1304 of 2016 in W.P.(MD)No.3271 of 2016 B.Swaminathan ... Petitioner/ Petitioner Vs.

1.R.Rengarajan, The Managing Director, Tamilnadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam.

2.K.Moni, General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Trichy.

3.Mr.Arumugam The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002.

...Contemnors/Respondents Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for their willfully disobedience of the order of this Court in W.P.(MD)No.3271 of 2016, dated 17.02.2016.

Prayer in WP(MD). 3271/ 2016 :

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 entire 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, Earned Leave Salary, Medical Leave Salary 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 Honble court. https://hcservices.ecourts.gov.in/hcservices/

For Petitioner : Mr.A.Rahul For R-1 & R-2 : Mr.D.Sivaraman Standing Counsel For R-3 : Mr.A.P.Muthu Pandian Standing Counsel

O R D E R

In this case, this Court had directed disbursement of the retiral benefits payable to the employees of the respondent Corporation.

2. It is submitted on either side that the principal amount payable to the writ petitioner has been disbursed in full. But regarding the payment of interest, compliance is yet to be made. Taking note of the substantial compliance on the part of the respondent Corporation and the undertaking given by the Standing Counsel on instructions from the management that the amount due and payable to the writ petitioner by way of interest will be disbursed on or before 30.04.2018, this Contempt Petition stands closed.

3. In the event of non-compliance in terms of the undertaking now given before this Court, it is open to the petitioner herein to file an application for revival of this Contempt Petition, or if there is any dispute regarding the disbursement of the amount in question.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To +1cc to M/S.A.Rahul, Advocate SR.No. 43449 +1cc to M/S.D.Sivaraman, Advocate SR.No. 43244 Cont. P(MD)No.1304 of 2016 kmi JM/JC/SAR 1/06.04.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/