In a contempt petition, the court held that the alleged failure to pay wages was not wilful disobedience. Suitability was exercised to close the petition, granting liberty to file a fresh petition for balance claims if any.
Contempt Petition closed. Liberty granted to file fresh Writ Petition for balance amount.
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.No.270 of 2022
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED: 25.04.2022
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH
Cont.P.No.270 of 2022
B.Balachandar, No.43/18, Saradambal Street, Saidapet, Chennai 600 015 ...Petitioner
Vs
Mr.A.Anbu Abraham, Managing Director, Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Illam, Anna Salai, Chennai - 600 002.
...Respondent
PRAYER: Contempt Petition filed under Section 11 of Contempt of Court Act, praying to punish the respondent for having committed contempt by willful disobedience of the order of this Court made in W.M.P.No.7286 of 2021 in W.P.No.27395 of 2016 dated 02.11.2021.
For Petitioner : Mr.S.T.Varadarajulu For Respondent : Mr.K.Moorthy, Standing Counsel
ORDER
The present petition is filed seeking to punish the respondent for
having disobeyed the order of this Court dated 02.11.2021 passed in
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Cont.P.No.270 of 2022
W.M.P.No.7286 of 2021 in W.P.No.27395 of 2016.
submitted that pursuant to the order of this Court dated 02.11.2021, the wages under Section 17B of the Industrial Disputes Act, 1947, to the tune of
Rs.4,49,000/-, has been paid to the petitioner.
full compliance, liberty is hereby granted to him to file a fresh Writ Petition, seeking for the balance amount. However, the disobedience alleged against
the respondent cannot be termed as wilful in nature. Accordingly, the Contempt Petition stands closed.
SD/-
ASSISTANT REGISTRAR(COMM.CASES)
hvk
//Certified to be true copy//
Dated at Madras this the day of 2022.
COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format. GS/08/06/2022
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2 issues framed by the court
Whether the respondent's non-payment of wages constitutes willful disobedience warranting contempt punishment.
Whether to grant liberty to the petitioner to file a fresh petition for any balance amount before closing the contempt petition.
2 provisions across 2 enactments
B. Balachandar
Mr. A. Anbu Abraham
M.S. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
