Case Note & Summary
The petitioner, Gnansekaran, filed a contempt petition against Mrs. S. Ruba Anandan, President of the Government College of Engineering Co-operative Stores Ltd., Salem, alleging willful disobedience of the High Court's order dated 22.12.2022 in W.A.No.1599 of 2019. The earlier order had directed the management to pay gratuity determined by the Labour Court at Rs.4,52,047/- less any amount already paid, with interest at 10% per annum from the date of retirement under the Payment of Gratuity Act, 1972. In the contempt proceedings, the respondent filed a written statement admitting the entitlement of the workman to the amount of Rs.4,52,047/- but stated that the amount already received had been deducted, enclosing a statement. The court observed that the respondent had admitted the entitlement and made deductions as per the order. Finding no willful disobedience, the court held that no contempt was made out and closed the contempt petition. The connected sub-application was also closed. No costs were awarded.
Headnote
A) Contempt of Court - Willful Disobedience - Contempt of Courts Act, 1971 - Section 2(b) - The contempt petition alleged willful disobedience of a court order directing payment of gratuity. The respondent admitted the entitlement and deducted amounts already paid. The court found no contempt as the respondent had complied with the order by admitting the amount and making deductions. Held that no contempt is made out when the contemnor has substantially complied and there is no willful disobedience (Paras 2-4).
Issue of Consideration
Whether the respondent committed contempt of court by not obeying the order dated 22.12.2022 in W.A.No.1599 of 2019 regarding payment of gratuity.
Final Decision
The contempt petition is closed. No costs. Consequently, connected Sub Application is also closed.
Law Points
- Contempt of court requires willful disobedience
- mere non-compliance without willfulness does not constitute contempt
- Payment of Gratuity Act
- 1972
Case Details
2026 LawText (MAD) (02) 288
CONT P No. 2732 of 2025 AND SUB APPL NO. 959 OF 2025
S.M.Subramaniam, C.Kumarappan
For Petitioner: Mr.K.S.Narayanan, For Contemnor: Dr.S.Suriya, Addl.Govt.Pleader, For Mrs.M.Geetha Thamaraiselvan, Spl.Govt.Pleader (Co-op.)
Mrs.S.Ruba Anandan, The President, No. 1558, The Govt. College of Engineering, Co-operative Stores Ltd., Salem - 630 011, Government Engineering College, Salem - 636 011.
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Nature of Litigation
Contempt petition for alleged willful disobedience of court order regarding gratuity payment.
Remedy Sought
Petitioner sought to punish the respondent for willful disobedience of the order dated 22.12.2022 in W.A.No.1599 of 2019.
Filing Reason
Alleged non-compliance with the court order directing payment of gratuity determined by Labour Court.
Previous Decisions
The court had passed an order on 22.12.2022 in W.A.No.1599 of 2019 directing payment of gratuity of Rs.4,52,047/- less any amount already paid, with interest at 10% per annum from retirement under the Payment of Gratuity Act, 1972.
Issues
Whether the respondent committed contempt by not obeying the order dated 22.12.2022 in W.A.No.1599 of 2019.
Submissions/Arguments
Petitioner argued that the respondent willfully disobeyed the court order. Respondent filed a written statement admitting entitlement and showing deduction of amounts already paid.
Ratio Decidendi
No contempt is made out when the contemnor admits the entitlement and deducts amounts already paid, as there is no willful disobedience of the court order.
Judgment Excerpts
Finding that no contempt is made out, the present Contempt Petition is closed.
This Court passed an order holding that the amount of gratuity determined by the Labour Court at Rs.4,52,047/- less the amount if any, already paid, needs to be paid by the 1st respondent Management together with interest at 10% per annum from the date of retirement under the provisions of the Payment of Gratuity Act, 1972.
Procedural History
The petitioner filed a contempt petition alleging willful disobedience of the order dated 22.12.2022 in W.A.No.1599 of 2019. The respondent filed a written statement. The court heard the matter and closed the contempt petition on 12.02.2026.
Acts & Sections
- Payment of Gratuity Act, 1972:
- Contempt of Courts Act, 1971: Section 2(b)
