V.Samidhurai, Traffic Manager v. Mr.Rengarajan,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Cont.P(MD)No.1418 of 2016 V.Samidurai, S/o.S.Veerasamy, Traffic Manager (Retired) Staff No.86 TS1001, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam Region, Residing at 1/89, Chatra Theru, Kunnaloor Post, Thiruthuraipoondi Taluk, Thiruvarur District-614 703.

... Petitioner -vs1. Mr.Rengarajan, The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.

2. Mr.Gowrisankar, The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) ltd., Kumbakonam Region, Kumbakonam.

3. Mr.Arumugam, The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Pallavan Salai, Chennai-2.

... Respondents PRAYER:Petition filed under Section 11 of Contempt of Courts Act, praying to initiate contempt proceedings against the Contemnors/Respondents and punish him for the willful disobedience of the order of the Hon'ble High Court in W.P(MD)No.23302 of 2015 dated 21.01.2016.

Prayer in WP(MD). 23302/ 2015:

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ or Order https://hcservices.ecourts.gov.in/hcservices/

or Direction or ibn the nature of 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. Provident Fund, Gratuity, the Commuted value of Pension, 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 Hon ble Court and pass such further or other order as this Hon ble Court may deem fit. For Petitioner :

Mr.Y.Arulanandasamy For R1 & R2 :

Mr.D.Sivaraman For R3 : Mr.A.P.Muthupandian

O R D E R

This Contempt Petition has been filed to punish the respondents for their willful and wanton disobedience and non-compliance of the order, dated 21.01.2016 made in W.P(MD)No.23302 of 2015. 2.The learned counsel for the petitioner as well as the respondent would submit that except the interest on commutation, the entire retirement benefits have been paid to the petitioner.

3. Recording the said submission, this Contempt Petition is closed. The third respondent shall pay the interest within a period of three months from the date of receipt of a copy of this order. In case of non-payment, the petitioner can revive the application. Sd/- Assistant Registrar () /True Copy/ Sub Assistant Registrar +1cc to M/S.D.SIVARAMAN, Advocate SR.No.84324. Cont P.(MD) No.1418 of 2016 30.10.2017 am SDS/SV:MMS/SAR 2/08.11.2017/2P/2C https://hcservices.ecourts.gov.in/hcservices/