The court granted four weeks time to the petitioner/first contemnor to comply with a previous order under Article 226 concerning payment of pension benefits and interest, directing that a statutory notice would be issued in case of non-compliance.
Four weeks time granted to comply with the previous order; statutory notice warned for failure to comply.
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.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Friday, the Twenty Ninth day of October Two Thousand and Twenty One PRESENT
The Hon`ble Mr.Justice D.KRISHNAKUMAR SUB A(MD) No.295 of 2021
in
Cont.P.(MD) No.579 of 2021
GANESAN, THE GENERAL MANAGER,
TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI) LTD., DINDIGUL REGION,
DINDIGUL. ...PETITIONER/1ST CONTEMNOR/1ST RESPONDENT
Vs
1 T.PALANICHAMY ... 1ST RESPONDENT/ PETITIONER/ PETITIONER
2 BHAMA, THE ADMINISTRATOR,
TAMIL NADU STATE TRANSPORT EMPLOYEE'S PENSION FUND TRUST, THIRUVALLUVAR ILLAM, ANNA SALAI,
CHENNAI-2. ... 2ND RESPONDENT/2ND CONTEMNOR/2ND RESPONDENT
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant six months time for reporting compliance of the order made in W.P.(MD)No. 24726 of 2019 dated 22.11.2019.
Prayer in CONT P(MD). 579 of 2021 :
To punish the Contemnors / Respondents for willfully disobeying and not complying with the order of this Honourable Court dated 22.11.2019 in W.P.(MD).No.24726/2019.
Prayer in WP(MD). 24726 of 2019 :
Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to pay interest at the rate of 18 percent per annum, for the period of delay from 01/04/2019 to 21/09/2019, in paying the amounts paid towards the terminal and pension benefits of the petitioner namely EPF Employee's Contribution, Gratuity and Commutated Value of Pension within a time frame as may be fixed by this Honourable Court and without affecting his right to claim balance amounts towards those benefits.
ORDER :This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.J.SENTHIL KUMARAIAH, Advocate for the petitioner and of MR.S.ARUNACHALAM, Advocate on behalf of the https://hcservices.ecourts.gov.in/hcservices/ 1st Respondent, the court made the following order:-
2
Mr.J.Senthil Kumaraiah, learned counsel takes notice for the petitioner/ first contemnor and Mr.S.Arunachalam, learned counsel takes notice for the first respondent/petitioner.
3.The learned counsel for the petitioner/ first contemnor seeks four weeks time to comply with the order of this Court.
4.In view of the above, four weeks time is granted to comply with the order of this Court. However, it is made clear that in case, the petitioner/contemnors fail to comply with the order passed by this Court, a statutory notice will be issued against them on the next hearing date.
5.Accordingly, the Sub Application is ordered.
/ TRUE COPY /
/ /2021
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1.MR.GANESAN,
THE GENERAL MANAGER,
TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI) LTD., DINDIGUL REGION, DINDIGUL.
2 MS.BHAMA,
THE ADMINISTRATOR,
TAMIL NADU STATE TRANSPORT EMPLOYEE'S PENSION FUND TRUST, THIRUVALLUVAR ILLAM, ANNA SALAI, CHENNAI-2.
ORDER
IN
SUB A(MD) No.295 of 2021 in
Cont.P.(MD) No.579 of 2021 Date :29/10/2021
VB/VR/SAR-III/11.11.2021/2P/3C
1 issue framed by the court
Whether to grant time for compliance of a contempt order regarding payment of arrears.
GANESEN, THE GENERAL MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI) LTD., DINDIGUL REGION, DINDIGUL
T.PALANICHAMY
TAMIL NADU STATE TRANSPORT EMPLOYEE'S PENSION FUND TRUST, THIRUVALLUVAR ILLAM, ANNA SALAI, CHENNAI-2
D.KRISHNAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
