S.Muniasamy, S/O Sethu, Staff v. 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.1389 of 2016 in WP(MD) No.2965 of 2016 S.Muniasamy ... Petitioner Vs.
1. R.Rengarajan Managing Director, Corporation (Kumbakonam) Ltd., Madurai.
2. S.Dharmaraj General Manager, Corporation (Kumbakonam) Ltd., Karaikudi Region, Karaikudi.
3. Arumugam Administrator, 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, 1971 to punish the respondents for their willful disobedience of the order passed by this Court in W.P(MD)No.2965 of 2016, dated 11.02.2016.
Prayer in WP(MD). 2965/ 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 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 of 100% in terms of G.O.(Ms)No.55 Transport (D) Department dated 04.06.2014 and dearness allowance arrears on petitioners 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 date of payment with the time that may be stipulated by this Court. For Petitioner : Mr.A.Rahul For Respondents : Mr.D.Sivaraman for R1 & R2 Mr.A.P.Muthupandian for R3 Standing Counsel for TNSTC
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 (Crl.side) /True Copy/ Sub Assistant Registrar To
1. R.Rengarajan Managing Director, Corporation (Kumbakonam) Ltd., Madurai.
2. S.Dharmaraj General Manager, Corporation (Kumbakonam) Ltd., Karaikudi Region, Karaikudi.
3. Arumugam Administrator, Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.
+ 1 CC TO Mr.D.SIVARAMAN, ADVOCATE IN SR No. 43245 + 1 CC TO Mr.A.RAHUL, ADVOCATE IN SR No. 43461 SSS/KMI TE/KK/SAR-4 : 03/04/2018 : 3P/6C ORDER MADE IN Cont. P(MD)No.1389 of 2016 22.01.2018