Madras High CourtCONT P(MD)/718/2016closed

T.M.Rajendran v. 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.718 of 2016 in W.P.(MD)No.22332 of 2015 T.M.Rajendran ..Petitioner/Petitioner Vs.

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

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

(R2 impleaded as second respondent in this contempt petition vide order dated 14.09.2016) .. 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.22332 of 2015 dated 21.01.2016.

Prayer in WP(MD). 22332/ 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 pay all the terminal benefits payable to the petitioner including salary arrears in terms of settlement under Section 12(3) of the Industrial Dispute 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 monthly pension 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 Hon'ble Court.

For Petitioner : Mr.A.Rahul For R-1 : Mr.D.Sivaraman https://hcservices.ecourts.gov.in/hcservices/ 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.22332 of 2015, dated 21.01.2016.

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 commuted value of pension of Rs.28,814/-, difference in pension and balance in commutation of Rs.19,220/- + interest on 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 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.R.Rengarajan, Managing Director, Tamil Nadu state Transport Corporation (Kumbakonam) Ltd. Kumbakonam.

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

+1CC to Mr.A.Rahu, Advocate, SR.No. 47507 +1CC to Mr.D.Sivaraman, Advocate, SR.No. 47051 Contempt Petition (MD)No.718 of 2016 in W.P.(MD)No.22332 of 2015 LS/rj2 AM/GT/SAR 1/22.02.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/