C.C.C. proceedings under the Contempt of Courts Act against a respondent corporation for alleged non-payment of pension increments were dismissed as infructuous, with prayers dropped reserving liberty to the complainant.
Contempt proceedings dropped; liberty reserved to complainant to take appropriate steps.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY 2020
PRESENT
THE HON’BLE MR. JUSTICE ARAVIND KUMAR
AND
THE HON’BLE MR. JUSTICE E.S.INDIRESH
C.C.C. No.333/2019 (CIVIL)
BETWEEN:
SRI. THAGADAIAH S/O LATE THAGADE GOWDA, AGED ABOUT 68 YEARS, RETIRED SENIOR MECHANIC, O/O THE ASSISTANT EXECUTIVE ENGINEER (ELEC), BENGALURU ELECTRICITY SUPPLY COMPANY LIMITED, S-10, SUB DIVISION, JP NAGAR, BENGALURU 560078. R/AT NO. 58, WEAVERS COLONY, 11TH CROSS, GOTTIGERE, BANNERAGHATTA ROAD, BENGALURU – 560 076. (BY SRI. DEVARAJ N., ADV.)
... COMPLAINANT
AND:
DR.S. SELVAKUMAR CHAIRMAN / MANAGING DIRECTOR, KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, CORPORATE OFFICE, CAUVERY BHAVAN, BENGALURU – 560 009.
... ACCUSED
(BY SRI. S. SRIRANGA, ADV.)
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, BY THE COMPLAINANT, PRAYING TO INITIATE SEVERE CONTEMPT PROCEEDINGS
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AGAINST THE ACCUSED FOR HAVING DELIBERATELY, INTENTIONALLY AND WILLFULY DIS-OBEYED TO CARRY OUT THE DIRECTIONS CONTAINED IN THE COURT ORDER DATED 05.11.2018 MADE IN W.P.NO.34371/2014 (S-RES) MARKED AT ANNEXURE – G AND GIVING FURTHER DIRECTION TO THE ACCUSED TO PAY 22.50% OF THE BASIC PENSION / FAMILY PENSION TO THE COMPLAINANT IN TERMS OF CLAUSE VIII(b) OF THE AGREEMENT/ORDER DATED 09.09.2011 MARKED AT ANNEXURE – C AND FURTHER DIRECTING ACCUSED TO RE-FIX THE PENSION/FAMILY PENSION, ETC AFTER ADDING ENTIRE 22.50% TO THE BASIC PENSION/FAMILY PENSION ALONGWITH 18% INTEREST PER ANNUM TILL THE DATE OF SETTLEMENT OF BENEFITS IN TERMS OF THE JUDGMENT DATED 08.11.2012 MADE BY THE DIVISION BENCH OF THIS COURT IN W.A.NO.15351-15352/2011 AND EXTEND THE BENEFIT OF THE SETTLEMENT DATED 09.09.2011 AT ANNEXURE – C, SUBJECT TO OUTCOME OF THE SLPs NOW PENDING IN THE HON’BLE APEX COURT.
THIS CCC COMING ON FOR HEARING THIS DAY, ARAVIND KUMAR J, MADE THE FOLLOWING:
O R D E R
Learned counsel appearing for complainant submits
that the prayer sought for in the present contempt petition has become infructuous. Placing his submission on record, contempt proceedings are dropped reserving liberty to the complainant to take appropriate steps in accordance with law.
SD/JUDGE
SD/JUDGE
UN
Aravind Kumar
E.S. Indiresh
As recorded by the court registry
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