Disposed

E.Anbu v. Thiru. Arjunan

Madras HC6 Jan 2023CONT P/271/2022

Case brief

AI extract

What is this about?

This Court closed a contempt petition filed to punish the respondent for willful disobedience of an order dated 02.11.2021 directing payment of wages. The Court observed that the arrears were subsequently paid, negating the allegation of willful disobedience.

What did the court decide?

The contempt petition stands closed as the alleged disobedience is found not to be willful due to subsequent payment.

E.Anbu Vs Thiru. Arjunan — Service and Employment | Madras HC (2023)

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Cont.P.No.271 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 06.01.2023

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CORAM:

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THE HONOURABLE MR. JUSTICE M.S. RAMESH

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Cont.P.No.271 of 2022

E.Anbu

...Petitioner

Thiru.Arjunan, The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kanchipuram Region, Kanchipuram - 631 552.

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...Respondent

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PRAYER: Contempt Petition filed under Section 11 of Contempt of Court Act, to punish the respondent for having committed contempt by willful disobedience of the order of this Court made in W.M.P.No.22367 of 2021 in W.P.No.13792 of 2019 dated 02.11.2021.

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For Petitioner : Mr.S.T.Varadarajalu For Respondent : Mr.S.Silambanan, AAG assisted by Mr.M.Aswin

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ORDER

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Cont.P.No.271 of 2022

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The petitioner was dismissed from service on 09.02.2013. The application made by the Management Corporation under Section 33(2)(b) of the Industrial Disputes Act, 1947 was rejected on 12.09.2017. The Management had challenged the same before this Court on 15.04.2019, after more than one year.

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The workman had filed an application under Section 17-B of the Industrial Disputes Act, 1947, seeking for payment of last drawn wages, and by order dated 02.11.2021, this Court had ordered for payment of wages under Section 17-B of the Act from 12.09.2017. According the workman, the Management had not obeyed the orders of this Court and paid his last drawn wages. In view of such disobedience, the present contempt petition is filed on 27.01.2022.

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Today, when the matter was called, the learned Additional Advocate General filed an affidavit of the respondent herein, in which, it is stated that a sum of Rs.10,17,537/-, towards the arrears of last drawn

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Cont.P.No.271 of 2022

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wages under Section 17-B of the Industrial Disputes Act, was paid to the petitioner.

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The learned counsel for the petitioner also ratifies that they have received the cheque for the aforesaid sum.

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In view of the same, the disobedience alleged may not be termed

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to be willful in nature. Accordingly, the contempt petition stands closed.

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06.01.2023 Index:Yes/No Internet:Yes/No hvk To Thiru.Arjunan, The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kanchipuram Region, Kanchipuram - 631 552.

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Cont.P.No.271 of 2022

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M.S.RAMESH,J.

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hvk

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Cont.P.No.271 of 2022

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06.01.2023

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E.Anbu v. Thiru. Arjunan

Case brief

What is this about?

What did the court decide?

E.Anbu v. Thiru. Arjunan

Case brief

What is this about?

What did the court decide?

What the court decided

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