S.Zaffarullah, S/O.Samsudeen, v. Mr.Rengarajan,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2017

CORAM

THE HON'BLE MRS.JUSTICE PUSHPA SATHYANARAYANA Cont.P.(MD) No.1470 of 2016 in W.P.(MD).No.5529 of 2016 S.Zaffarullah ... Petitioner/ Petitioner -Vs1.Rengarajan, The Managing Director, Kumbakonam.

2.Dharmaraj, The General Manager, Pudukkottai Region, Pudukkottai.

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

... Contemnors/ Respondents 2 to 4 Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, praying to punish the respondents herein for their willful and deliberate disobedience of the order of this Court in W.P.(MD).No.5529 of 2016, dated 21.03.2016.

Prayer in WP(MD). 5529/ 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 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, 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 Honourable Court. For Petitioner :

Mr.A.Rahul For respondents 1 & 2 :

Mr.D.Sivaraman For 3rd respondent :

Mr.A.P.Muthupandian

O R D E R

This Court, by order dated 21.03.2016, in W.P.(MD).No.5529 of 2016 directed the respondents herein to pay the amount due to the petitioner in 12 equal monthly installments. 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 appearing for both sides submitted that excepting the interest on commutation, the order of this Court has been complied with in all other respects. The learned counsel for the third respondent states that as and when the amount released by the Government, they would pay it to the contempt petitioner. The said submission is recorded. In the event of the non payment, it is open to the contempt petitioner to revive the contempt petition.

3.This contempt petition is, accordingly, closed. No costs. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.Rengarajan, The Managing Director, Kumbakonam.

2.Dharmaraj, The General Manager, Pudukkottai Region, Pudukkottai.

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

+One cc to Mr.A.Rahul, Advocate, SR.No.74371 +One cc to Mr.D.Sivaraman, Advocate, SR>No.74052 gcg RL/6C/3P/MR/KKR/SAR1/4/9/2017 Cont.P.(MD) No.1470 of 2016 23.08.2017