Madras High CourtCONT P(MD)/1472/2016closed

S.Palsamy v. Mr.K.Chellamuthu

2018-02-07Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2018

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Contempt Petition No.1472 of 2016 in W.P.(MD)No.20772 of 2015 S.Palsamy ..Petitioner/Petitioner Vs.

1.K.Chellamuthu General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pudukottai Region, Pudukottai.

2.Muniappan Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Tiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.

(R2 amended as per order dated 04.12.2017 in Sub.A(MD)No.258/2017 in cont.p(md)1472/2016.) .. Respondents/Contemnors Contempt Petition filed under section 11 of the Contempt of Courts Act, to punish the respondents herein under Contempt of Court for wilful disobedience of the order of this Court, dated 24.11.2015 passed in W.P.(MD)No.20772 of 2015. Prayer in WP(MD). 20772/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to extend the fourth and fifth review benefit to the Petitioner and further to revise his pay in the post of Checking Inspector with retrospective effect from 01.09.2010 as agreed in Settlement dated 22.01.2011 entered into under Section 12(3) of the Industrial Disputes Act between the Trade Unions and the second respondent's management and in terms of consequential Government Orders in G.O.(Ms).No.51, Transport (C1) Department, dated 14.03.2013 and G.O.(Ms).No.61, Transport (C) Department, dated 30.04.2015 and further directing the respondents to pay the petitioner the difference amount in salary from 01.09.2010 to 28.02.2013 and to pay difference in retirement benefits from 01.03.2013 to till date together with interest at the rate of 18% per annum and pass such further or other orders.

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For Petitioner : Mr.A.Rahul For R-1 : Mr.D.Sivaraman For R-2 : Mr.A.P.Muthupandian

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.20772 of 2015, dated 24.11.2015.

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

3. The petitioner claims that all the terminal benefits have already been paid to the petitioner. However, difference in pension and commutation have not been 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 non-compliance, 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.

sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar rj2 To 1.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pudukottai Region, Pudukottai.

2.Muniappan, Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Tiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.

+1CC to Mr.D.Sivaraman, Advocate Sr.No.47077 +1CC to Mr.A.Rahul, Advocate Sr.No.47501 GJM/SKN/RSK/SAR-I-26.2.18-2p-5c Contempt Petition No.1472 of 2016 07.02.2018 https://hcservices.ecourts.gov.in/hcservices/