Petitioner filed a contempt petition for willful disobedience of an earlier order regarding terminal benefits and interest. Court noted full compliance of terminal benefits but difference in interest (10% ordered vs 6% settled).
Is satisfied with 6% interest already settled; liberty to approach competent authority for difference in payment.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.11.2018
CORAM
THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM
Cont.P.No.2131 of 2018
C.Manickam ... Petitioner Vs K.Senathipathi The General Manager, Taminadu State Transport Corporation (Coimbatore) Ltd, Chennimalai Road, Erode Region, Erode. ... Respondent
PRAYER: This Contempt petition is filed under Section 11 of the Contempt of Court Act, praying to punish the respondent for willfully, wantonly disobeying the order of this Hon'ble Court passed in W.P.No.17206/2017 dated 10.07.2017 on the file of this Hon'ble Court.
For Petitioner : Mr.I.C.Vasudevan
For Respondent : Mr.P.Kannan kumar, Standing counsel (TNSTC) O R D E R
The relief sought for in this Contempt petition is to punish the respondent for wilful disobedience of the order of this Court dated 10.07.2017 made in W.P.No.17206/2017.
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petitioner admits the fact that the terminal benefits due to the contempt petitioner had already been complied with pursuant to the orders passed by this Court dated 10.07.2017 However, the interest as applicable based on the order
passed by the authority under the payment of Gratuity Act, has not been settled. In fact, the Competent Controlling
Authority has ordered 10% interest for the gratuity amount.
However, the respondent had settled 6% interest for the gratuity amount which was already paid to the petitioner.
the notice of this Court that, the order passed in
W.P.No.17206/2017, with reference to the order passed by the
Hon'ble Division Bench of this Court in W.A.(MD)No.383 to
457 of 2015 dated 12.06.2015. With reference to the orders
passed by the Hon'ble Division Bench, the respondent
Transport Corporation has settled 6% interest to all the
employees who are all similarly placed. In the event of granting 10% for writ petitioner alone, the same will not
only cause discrimination, it will also be a wrong precedent
and will pave way for other retired employees to once again approach this Court for further relief.
Corporation for the past few years, this Court is of the
opinion that, the petitioner should be satisfied with the interest amount of 6% already settled in his favour. However, it is made clear that in respect of difference in payment of interest, the writ petitioner is at liberty to
approach the competent authorities.
from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.
PS/13/11/2018
To
The General Manager, Taminadu State Transport Corporation (Coimbatore) Ltd, Chennimalai Road, Erode Region, Erode. https://hcservices.ecourts.gov.in/hcservices/
One cc to Mr.I.C.Vasudevan, Sr.No.15479
2 issues framed by the court
Whether the respondent should be punished for willful disobedience of the earlier order due to difference in interest rate settled for similarly placed employees.
Whether the petitioner should be granted 10% interest or be satisfied with the already settled 6% interest in the interest of the public.
C.Manickam
K.Senathipathi
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
