A.Sivakumar Vs Rameshkumar

Prayer : Contempt Petition has been filed under Section 11 of the Contempt of Courts Act, 1971, to punish the Contemnor / 1^st Respondent for the wilful disobedience and non-compliance of the order passed in WMP.(MD)No.19235 of 2022 in WP.(MD)No.19579 of 2022 dated 23.04.2025 for committing the act of contempt of Court.

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For Petitioner : Mr.R.Saravanan For Respondent : Mr.S.Seenivasgan

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https://www.mhc.tn.gov.in/judis

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Cont.P.(MD)No.2180 of 2025

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ORDER

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The petitioner/Workman has filed this contempt petition that the order passed by this Court in WMP.(MD)No.19235 of 2022 in WP. (MD)No.19579 of 2022 dated 23.04.2025 has not been complied with by the respondent/Management.

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2.The respondent/Management has removed the petitioner from service. The petitioner has filed an appeal before the authority under the Shops and Establishment Act. The authority under the Shops and Establishment Act by his order dated 14.06.2022 set aside the termination order passed by the respondent/Management. As against the said order, the respondent/Management has filed a writ petition in WP. (MD)No.19579 of 2022. Pending writ petition, the petitioner herein has filed a writ miscellaneous petition in WMP.(MD)No.19235 of 2022 in WP.(MD)No.19579 of 2022 seeking a direction to the respondent/Management to pay the last drawn wages to the petitioner as per Section 41-A of the Tamil Nadu Shops and Establishment Act, 1947 and the same was allowed by an order dated 23.04.2025 directing the

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https://www.mhc.tn.gov.in/judis

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Cont.P.(MD)No.2180 of 2025

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respondent/Management to pay wages in terms of Section 41-A of the Tamil Nadu Shops and Establishment Act, 1947 pending disposal of the writ petition. According to the petitioner, the said order of this Court has not been complied with by the respondent/Management.

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3.The learned counsel appearing for the respondent/Management submits that the order has been complied with and wages has been paid as per Section 41-A of the Tamil Nadu Shops and Establishment Act, 1947 from 23.04.2025.

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4.The learned counsel appearing for the petitioner submits that the petitioner is entitled for the wages under Section 41-A of the Tamil Nadu Shops and Establishment Act, 1947 from the date of filing of the writ petition. However, the respondent/Management has provided wages only for the period from 23.04.2025. Further, he submits that as per Section 41-A of the Tamil Nadu Shops and Establishment Act, 1947, the writ miscellaneous petition was decided only upon the affidavit of the petitioner that he has not gainfully employed in any other establishments during the pendency of the petition. Admittedly, the petitioner claims that he has not gainfully employed in any other establishments and he 3/6

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https://www.mhc.tn.gov.in/judis

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Cont.P.(MD)No.2180 of 2025

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has also filed the affidavit before this Court. This Court has also allowed the said petition. Therefore, the respondent/Management is directed to pay the balance amount from the date of filing of the writ petition to till date, within a period of three months from today and also continue to pay the amount without fail. Accordingly, this contempt petition is closed.

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12.09.2025

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NCC : Yes/No Index : Yes/No Internet:Yes gns

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https://www.mhc.tn.gov.in/judis

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Cont.P.(MD)No.2180 of 2025

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To