Madras High CourtCONT P(MD)/748/2016closed

R.Kanakaraju v. Rengarajan

2017-11-10Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Cont.P(MD)No.748 of 2016 in WP(MD)No.233 of 2016 R.Kanakaraju, S/o.K.Ramasamy, Special Grade Conductor (Retired) Staff No.90CR2104/7920, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region.

... Petitioner -vs1.Mr.Rengarajan, The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.

2.Mr.Pandi, The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Trichy.

3.Mr.Arumugam, The Administrator, Tamil Nadu Strate Transport Corporation, Pension Fund Trust, Pallavan Salai, Chennai-02.

... Respondents PRAYER: Petition filed under Section 11 of Contempt of Courts Act, praying to initiate contempt proceedings against the Contemnors/Respondents and punish him for the willful disobedience of the order of the Hon'ble High Court in W.P(MD)No.233 of 2016 dated 28.01.2016.

Prayer in WP(MD). 233/ 2016 :

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 entire terminal benefits payable to the petitioner including Salary arrears in terms of settlement under Section 12(3) of the Industrial Disputes Act dated https://hcservices.ecourts.gov.in/hcservices/

13.04.2015, Provident Fund, Gratuity, the Commuted Value of Pension, Leave Salary 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 Honourable Court. For Petitioner :

Mr.A.Rahul For R1 & R2 :

Mr.D.Sivaraman For R3 : Mr.A.P.Muthupandian

O R D E R

This Contempt Petition has been filed to punish the respondents for their willful and wanton disobedience and non-compliance of the order, dated 28.01.2016 made in W.P(MD)No.233 of 2016. 2.The learned counsel for the petitioner would submit that except the interest of commutation entire benefits have been paid to the petitioner.

3.Mr.D.Sivaraman, learned counsel appearing for the respondents 1 & 2 would submit that the entire terminal benefits with interest was already paid to the petitioner.

4. Recording the said submission, this Contempt Petition is closed. The third respondent shall pay the interest within a period of two months from the date of receipt of a copy of this order. In case of non-payment, the petitioner can revive the application. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Pallavan Salai, Chennai-02.

+1CC to Mr.D.Sivaraman, Advocate, SR.No.86829 +1CC to Mr.A.Rahul, Advocate, SR.No. 86805 Cont P.(MD) No.748 of 2016 10.11.2017 am AM/GT/SAR 4/24.11.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/