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Madras High CourtCONT P(MD)/722/2016closed

G.Murugesan, Senior Conductor v. Mr.D.S.Vincent,

2018-01-22Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Cont. P(MD)No.722 of 2016 in W.P(MD)No.17185 of 2015 G.Murugesan ... Petitioner/Petitioner Vs.

1.Mr.D.S.Vincent, The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai.

2.Mr.Arumugam, The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

... Contemnors/Respondents Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to initiate contempt proceedings against the Contemnors/respondents and punish them for the willful disobedience of the order of this Court in W.P(MD)No.17185 of 2015, dated 23.09.2015.

Prayer in WP(MD). 17185/ 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, commuted value of pension, social security scheme arrears, Post Retirement Benefit Scheme arrears and all other attendant benefits with interest at the rate of 18% per annum within the time that may be stipulated by this Honourable Court and further directing the respondents to pay interest at the rate of 18% per annum for the belated payment of provident fund of Institute of road transport contribution amount. For Petitioner : Mr.A.Rahul For R-1 : Mr.A.Jeyaram Standing Counsel For R-2 : Mr.A.P.Muthu Pandian, Standing Counsel https://hcservices.ecourts.gov.in/hcservices/

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.

2. It is submitted on either side that the principal amount payable to the writ 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 writ 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 To

1. The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai.

2.The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

+1cc to Mr.A.RAHUL,Advocate, SR.No. 43448 Cont. P(MD)No.722 of 2016 in W.P(MD)No.17185 of 2015 22.01.2018 KMI KK/JC/28.03.2018/SAR-1/2P-4C https://hcservices.ecourts.gov.in/hcservices/