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Madras High CourtCONT P(MD)/957/2016closed

S.Kasinathan,S/O.Singaram, v. Mr.Rengarajan

2017-08-31Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:31.08.2017

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Cont P.(MD).No.957 of 2016 in W.P.(MD).No.2024 of 2016 S.Kasinathan .. Petitioner/Petitioner Vs.

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

2. Gowri Sankar, The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam Region, Thanjavur District.

3. Arumugam, The Administrator, Tamilnadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, 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.2024 of 2016, dated 01.02.2016.

Prayer in WP(MD). 2024/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, 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 Court.

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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 earlier order dated 01.02.2016 in W.P.(MD). No.2024 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 amount will be paid within a period of two months. 4.The said submission is recorded. If the amount will not be paid, it is open to the petitioner to revive this contempt petition. 5.Accordingly, this Contempt Petition is closed. No costs. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar + 1 CC TO Mr.D.SIVARAMAN, ADVOCATE IN SR No. 75625 MSA TE/KK/SAR-II : 11/09/2017 : 2P/2C Cont P.(MD).No.957 of 2016 in W.P.(MD).No.2024 of 2016 31.08.2017 https://hcservices.ecourts.gov.in/hcservices/