The Honourable Court closed the contempt petition against a driver/petitioner for alleged non-payment of last drawn wages. The court directed the management to continue paying said wages to the workman until the underlying writ petition is disposed of.
Continuation of last drawn wages of the workman pending disposal of the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Cont.P.(MD)No.1079 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Cont.P.(MD)No.1079 of 2021 in W.P.(MD)No.24955 of 2018
K.Gopalakrishnan, Driver, EDP.No.3928, Tamil Nadu State Transport Corporation, Tirunelveli Ltd, Kulithurai Branch, S/o.M.Kumarasamy, No.8/41A, New Village, Ramapuram Post, Kanyakumari District. ... Petitioner/2nd Respondent/ 2nd Respondent vs.
Thiru.Aravind, General Manager, Tamil Nadu State Transport Corporation, Tirunelveli Limited, Nagercoil Region, Nagercoil, Kanyakumari District.
... Contemnor/Petitioner/ Petitioner
PRAYER : Contempt Petition filed under Section 11 of Contempt of Court Act, to punish the Contemnor/Writ petitioner for willful disobedience of the order of this Court dated 19.12.2018 made in W.M.P.(MD)No.22612 of 2018 in W.P.(MD)No.24955 of 2018.
Prayer in WP(MD). 24955/ 2018 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari calling for the records from the 1st respondent special Deputy Commissioner of Labour relating to the impugned award passed by it in A.P.No.186 of 2012 dated 12/09/2017 and quash the same.
Prayer in WMP(MD). 22612/ 2018 :
To stay the award of 1st respondent Special Deputy Commissioner of Labour passed in A.P.No.186 of 2012 dated 12/09/2017 pending disposal of the WP.
For Petitioner : Mr.K.Hemakarthikeyan for Mr.Elanchazhian For Respondent : Mr.R.Rajamohan Standing Counsel for TNSTC
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Cont.P.(MD)No.1079 of 2021
O R D E R
This contempt petition is closed with a direction to the management to continue to pay the last drawn wages of the workman till the disposal of the writ petition.
Sd/-
Assistant Registrar (CS-III)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
csm/mga
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
The General Manager, Tamil Nadu State Transport Corporation, Tirunelveli Limited, Nagercoil Region, Nagercoil, Kanyakumari District.
+1 CC to M/s.R. RAJAMOHAN, Advocate (SR-36589[F] dated 30/11/2021 )
Cont.P.(MD)No.1079 of 2021 in W.P.(MD)No.24955 of 2018 30.11.2021
RK(10/12/2021) 2P 3C
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2 issues framed by the court
Whether to punish the petitioner for willful disobedience of a court order regarding wage payments.
Whether to continue payment of last drawn wages of a workman pending disposal of a writ petition.
2 provisions across 2 enactments
K. Gopalakrishnan
Thiru Aravind
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
