In a contempt petition filed under Section 151 CPC to compel payment of EPF and gratuity, the Madurai Bench of the Madras High Court closed the application after receiving proof that the Demands Draft of Rs. 52,627/- was issued and acknowledged by the petitioner.
The sub-application No. 234 of 2024 in Contempt Proceedings No. 1174 of 2023 was closed.
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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.12.2024
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
SUB.A(MD)No.234 of 2024 in CONT P(MD)No.1174 of 2023
A.Delphine
... Petitioner
vs.
The Tamilnadu Social Service Society, No.35B, Marsingpet Road, Tiruchirapalli – 620 001.
[R-2 is Suo motu impleaded as per Order of this Court, dated 04.10.2024] [R-3 is Suo motu impleaded as per Order of this Court, dated 19.10.2024]
PRAYER: Sub Application is filed under under Section 151 of the Civil Procedure Code, to re-open the Sub Application (MD)No.150 of 2024 to receive
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her EPF, Gratutity Ex-gratia payment as per the By law of Tamil Nadu Social Services Society, Trichy on the file of this Court, Madurai Bench.
For Petitioner : Party in-person For Contemnors : Mr.KSekar, for R-1 M/s.B.Prasanna Vinoth, for R2
O R D E R
When the matter is taken up for hearing, the Learned Counsel appearing for the 2nd respondent/Contemnor has produced a copy of Demand Draft, dated 28.11.2024 to the tune of Rs.52,627/- in favour of the petitioner and the same was received by her with acknowledgment on 29.11.2024. To this effect a memo has been filed.
2.Therefore, this Court is convinced that the entire Employee's
Provident Fund amount has been paid to the petitioner. Therefore there is no contempt.
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Index : Yes / No 18.12.2024 Internet : Yes KSA
To
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S.SRIMATHY, J
KSA
Order made in SUB.A(MD)No.234 of 2024 in CONT P(MD)No.1174 of 2023
18.12.2024
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3 issues framed by the court
Whether a Sub-application for contempt can be closed upon production of proof of payment by the respondents.
Whether the petitioner is entitled to obtain an Ex-gratia payment under the Society's by-laws.
Whether the petitioner is entitled to obtain her EPF and Provident Fund amounts.
1 provisions across 1 enactments
A. Delphine
R.Jesudass, Director
The Branch Manager, Catholic Syrian Bank
The Branch Manager, Bank of India
S. Srimathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
