Petitioner challenged contempt proceedings due to lower back-wage settlement than Labour Court award. Court held calculation differences lie outside contempt jurisdiction and closed the petition as back-wages were already settled.
Contempt petition closed; adjudication of back-wage calculation differences left open to petitioner.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.11.2017
CORAM :
THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM
Contempt Petition No.2498 of 2014
in
W.P.No.34564 of 2007
Thiru.S.Radhakrishanan ... Petitioner
Vs.
Thiru.Varadarajan, General Manager, Metropolitan Transport Corporation Ltd., Pallavan House, Anna Salai, Chennai -2.
... Respondent
Prayer : Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondent for willful disobedience of the order passed by this Court in W.P.No.34564 of 2007, dated 15.2.2012.
For Petitioner : Mr.L.Chandrakumar For Respondent : Mr.P.Paramasivadoss
O R D E R
The learned counsel appearing for the petitioner
states that the petitioner was reinstated in service and back-wages had also been paid. However, the calculation of back-wages are not in accordance with the award of the Labour Court. In this regard the petitioner states that the
https://hcservices.ecourts.gov.in/hcservices/ respondent has settled with lesser back-wages than that
was ordered by the Labour Court.
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4.This being the factum of the case, no further adjudication is required in this Contempt Petition. Accordingly, the contempt petition stands closed. SD/ASSISTANT REGISTRAR(COMM.CASES) ms
//Certified to be true copy//
Dated at Madras this the day of 2018.
from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.
CO/23/01/2018
one cc to Mr L. Chandrakumar,SR.No.13907.
One cc to Mr. P.Paramasivadoss,SR,No.14266
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1 issue framed by the court
Whether the court can adjudicate the difference in calculation of back-wages in a contempt petition
Thiru. S. Radhakrishanan
Thiru. Varadarajan
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
