M. Paulpandi v. D.S. Vincent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Cont. P(MD)No.369 of 2016 M.Paulpandi ... Petitioner/Petitioner Vs.

Tamilnadu State Transport Corporation(Madurai) Ltd, Represented by its Managing Director, Madurai - 16, Thiru.D.S.Vincent ... Contemnor/Respondent Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for committing Contempt for willful disobedience of the order of this Court dated 05.10.2015 in W.P.(MD)No.17964 of 2015.

Prayer in WP(MD). 17964/ 2015 :

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 settle retirement benefits of the petitioner including gratuity, leave salary, post retirement benefit scheme arrears, in-service pending leave salary of 45 days for the year 2009-10, 2010-11, 2011-12 and all other attendant benefits with interest at the rate of 18% per annum within the time that may be stipulated by this Honble Court and further directing the respondents to pay interest at the rate of 18% per annum for the belated payment of gratuity, social security scheme arrears, the commuted value of pension and refund of Institute of road transport contribution amount within the time limit.

For Petitioner : Mr.S.Govindan For Contemnor : Mr.A.Jeyaram

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.

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2. It is submitted on either side that the principal amount

payable to the 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 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(AS) /True copy/ Sub Assistant Registrar Cont. P(MD)No.369 of 2016 22.01.2018 kmi KK/JC/28.03.2018/SAR-1/2P-2C https://hcservices.ecourts.gov.in/hcservices/