Madras High CourtCONT P(MD)/811/2016closed

R.Sugumar v. Rengarajan

2017-09-08Honourable Mrs Justice Pushpa Sathyanarayana3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2017

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Cont P.(MD).No.811 of 2016 in W.P.(MD).No.2023 of 2016 R.Sugumar .. Petitioner/Petitioner Vs.

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

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

3. Arumugam, The Administrator, Tamilnadu State Transport Corporation Pension Fund Trust, Pallavan Salai, Chennai 02.

... Contemnors/ Respondents PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts Act 1971, to punish the respondent for their wilful disobedience of the order passed by this Court, in W.P. (MD) No.2023 of 2016, dated 01.02.2016.

Prayer in WP(MD). 2023/ 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 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 court.

For Petitioner : Mr.A.Rahul For R1 and R2 : Mr.D.Sivaraman For R3 : Mr.A.P.Muthupandian

O R D E R

This Court, by an order dated 01.02.2016 in W.P.(MD).No.2023 of 2016 had directed the respondents to settle the petitioner's terminal benefits with interest at 6% per annum in 12 equal monthly installments and first installment shall be paid on or before 10.03.2016 and in case of default in paying installments, such defaulted amounts will carry interest at the rate of 18% per annum. Since the respondents herein have not complied with the same, the petitioner has come up with this contempt petition. 2.Today, when the matter was taken up for hearing, the learned counsel for the contempt petitioner submits that the order has been complied with except the portion for payment of interest on commutation.

3.The learned counsel for the third respondent also assures that the said interest amount will be paid within a period of two months.

4.The said submission is recorded. If the interest amount is not paid, it is open to the petitioner to revive this contempt petition.

5.Accordingly, this Contempt Petition is closed. No costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

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

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

3. Arumugam, The Administrator, Tamilnadu State Transport Corporation Pension Fund Trust, Pallavan Salai, Chennai 02.

+1cc to Mr.A.Rahul, Advocate Sr.No.78125 +1cc to Mr.D.Sivaraman, Advocate Sr.No.77571 MSA VB/SV/MMS/SAR4/22/09/2017/3P/6C Cont P.(MD).No.811 of 2016 in W.P.(MD).No.2023 of 2016 08.09.2017