Madras High CourtCONT P(MD)/712/2016closed

R.Panneerselvam v. R.Rengarajan

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 (MD)No.712 of 2016 in W.P.(MD)No.21616 of 2015 R.Panneerselvam ..Petitioner/Petitioner Vs.

1.Rengarajan, The Managing Director, Tamil Nadu state Transport Corporation (Kumbakonam) Ltd. Kumbakonam.

2.Arumugam, The Administrator, Tamil Nadu state Transport Corporation Pension Fund Trust, Thiruvalluvar House,Pallavan Salai, Chennai-02.

.. Contemnors/Respondents PRAYER: Contempt Petition filed under section 11 of the Contempt of Courts Act, to punish the respondents for their willful disobedience of the order passed by this Honourable Court in W.P(MD)No.21616 of 2015 dated 04.01.2016.

Prayer in WP(MD). 21616/ 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 extend pay revision with an increase at the rate of 5.5% of basic pay and grade pay from 01.09.2013 to 30.12.2013 in terms of Settlement under Section 12(3) of the Industrial Disputes Act dated 13.04.2015 and to pay arrears of difference in salary and to pay all the retirement benefits to the petitioner including Gratuity, the Commuted value of Pension, Leave Salary in terms of the above settlement and difference in salary together with interest at the rate of 18%. per annum from the date of his retirement by this Hon'ble Court and further directing the respondents to pay interest at the rate of 18% per annum for the belated payment of the Provident Fund and Social Security Scheme arrears within the time limit that may be fixed by this Hon'ble Court.

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.21616 of 2015, dated 04.01.2016. https://hcservices.ecourts.gov.in/hcservices/

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, balance commutation payable at Rs.1,43,288/ and interest 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 noncompliance, 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. No costs. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To 1.Rengarajan, Managing Director, Tamil Nadu state Transport Corporation (Kumbakonam) Ltd. Kumbakonam.

2.Arumugam, Administrator, Tamil Nadu state Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-02.

+1CC to Mr.A.Rahul, Advocate, SR.No. 47500 +1CC to Mr.D.Sivaraman, Advocate, SR.No. 47049 Contempt Petition (MD)No.712 of 2016 in W.P.(MD)No.21616 of 2015 Ls/rj2 AM/GT/SAR 1/22.02.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/