Madras High CourtCONT P(MD)/899/2016closed

S.Agoram,S/O.S.Subramaniam, v. Mr.Rengarajan,

2017-09-11Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.09.2017

CORAM:

THE HONOURABLE MRS.JUSTICE PUSPHA SATHYANARAYANA Contempt Petition (MD)No.899 of 2016 in W.P(MD)No.3256 of 2016 S.Agoram ... Petitioner/Petitioner Vs.

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

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

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

... Contemnors/Respondents 2 to 4 PRAYER: Contempt petition is filed under Section 11 of Contempt of Courts Act, to initiate contempt proceedings against the contemnors/respondents and punish them for the willful disobedience of the order passed by this Court in W.P(MD)No.3256 of 2016, dated 17.02.2016.

Prayer in WP(MD). 3256/ 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 all the 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, 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 his monthly pension as revised and increased from time to time 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. https://hcservices.ecourts.gov.in/hcservices/

For Petitioner : Mr.A.Rahul For RR 1 & 2 : Mr.D.Sivaraman For R - 3 : Mr.A.P.Muthupandian

ORDER

This Court, by an order, dated 17.02.2016 in W.P(MD)No.3256 of 2016 had directed the respondents therein to settle the petitioner's terminal benefits with interest at 6% per annum in twelve equal monthly installments and the 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 respondent herein has not complied with the same, the petitioner has come up with this Contempt Petition.

2.Today, when the matter is taken up for hearing, the learned counsel appearing for the respondents/contemnors submitted that excepting the payment of interest, the rest of the amounts have been paid to the petitioner.

3.Thus, the order of this Court has been complied with. So far as the payment of interest is concerned, the learned counsel for the respondent-Transport Corporation seeks a month's time. 4.Accordingly, a month's time is granted to the respondents/contemnors to comply with the same, in case, if it is not complied with, it is open to the petitioner to revive the Contempt Petition.

5.With the above direction, this Contempt Petition is closed. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar +1cc to Mr.D.Sivaraman, Advocate Sr.No.77846 +1cc to Mr.A.Rahul, Advocate Sr.No.78122 PS VB/SKN/RSK/SAR2/03.10.2017/2P/3C Cont.P(MD)No.899 of 2016 in W.P(MD)No.3256 of 2016 11.09.2017 https://hcservices.ecourts.gov.in/hcservices/