Madras High Court
T.Raju vs M.Daniel Salmon on 10 March, 2025
CONT.P(MD)No.1201 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
CONT.P(MD)No.1201 of 2024
T.Raju ... Petitioner
vs.
1.M.Daniel Salmon,
General Manager,
Tamilnadu State Transport Corporation (Madurai) Limited,
Dindigul Region, Dindigul.
2.Bhama,
Administrator,
Tamilnadu State Transport Employees’ Pension Fund Trust,
Thiruvalluvar Illam, Anna Salai, Chennai -2. ... Respondents
PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court
to punish the contemnors/respondents for wilfully and deliberately disobeying
and not complying with the order of this Court passed in W.P.(MD)No. 466 of
2022, dated 09.01.2022.
For Petitioner :Mr.V.R.Arunkumar
For R1 :Mr.Ramachandra Pradeep
For R2 :Mr.S.C.Herold Singh
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CONT.P(MD)No.1201 of 2024
ORDER
Heard Mr.V.R.Arunkumar, learned Counsel for the petitioner,
Mr.Ramachandra Pradeep, learned Standing Counsel for the first respondent
and Mr.S.C.Herold Singh, learned Standing Counsel for the second
respondent.
2.This is a petition seeking initiation of contempt proceedings against
the respondents for violation of the order in W.P.(MD)No. 466 of 2022, dated
09.01.2022, passed by this Court.
3.The petitioner was appointed as Conductor in the first respondent
Corporation on 24.05.1988 and was retired from service on 31.12.2016, on
attaining the age of superannuation as Special Grade Conductor. It is the
further case of the petitioner that the retirement benefits of the petitioner were
calculated only based on the last drawn salary and he is entitled for the
retrospective revision of wages as per the settlement, dated 04.01.2018
entered into between the respondent Management and the Trade Unions.
Hence, the petitioner had made several representations to the respondents
seeking re-fixation of retirement benefits. Being aggrieved by the action of
the respondents, the petitioner has preferred a Writ Petition bearing
W.P.(MD)No.466 of 2020 and this Court by order, dated 09.01.2020 has
made the following order:
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“5.In view of the above observations, there shall be a
direction to the respondents herein to consider the petitioner’s
representation, dated 15.10.2019 in terms of settlement under
Section 12(3) of the Industrial Dispute Act, on its own merits and
pass appropriate orders within a period of eight weeks from the
date of receipt of a copy of this order. It is made clear that this
Court has not expressed any of its view with regard to the claim
made by the petitioner in his representation and it si for the
respondents to consider it in accordance with law.”
4.The learned Counsel for the petitioner further submits that despite
the judgment and order passed by this Court in W.P.(MD)No. 466 of 2022,
dated 09.01.2022, the respondents have not complied with the directions of
this Court and have wilfully and deliberately flouting the order passed by this
Court and that the respondents should be summoned and punished for
committing contempt of Court under Sections 11 and 12 of the Contempt of
Court Act.
5.When the matter is taken up for hearing, Mr.Ramachandra Pradeep,
learned Standing Counsel for the first respondent and Mr.S.C.Herold Singh,
learned Standing Counsel for the second respondent submit that in
compliance of the direction of this Court, the amount, which is due to the
petitioner, has been credited to the account of the petitioner and further
submit that the order passed by this Court W.P.(MD)No. 466 of 2022, dated
09.01.2022, has been fully complied with and thus, the respondents may be
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discharged from the present contempt proceedings and the Contempt Petition
may be disposed of accordingly.
6.Mr.S.Arunachalam, learned Counsel for the petitioner submits that
the order passed by this Court has been fully complied with by the
respondents and he submits that the respondents may be discharged from
the present contempt proceedings and the Contempt Petition may be
disposed of accordingly.
7.Considering the submissions made by the learned Counsels for the
parties, this Court is satisfied that the respondents have fully complied with
the judgment and order of this Court. Thus, no useful purpose will be served
in continuing the present contempt proceedings further. Accordingly, the
respondents are discharged from the present contempt proceedings and the
present Contempt Petition is disposed of. The file is consigned to record. No
costs.
Index :Yes / No 10.03.2025
Internet :Yes / No
NCC :Yes / No
cmr
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SHAMIM AHMED, J.
cmr
10.03.2025
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