In the High Court of Karnataka at Bengaluru

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19 TH DAY OF JULY, 2016

PRESENT

THE HON’BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR

AND

THE HON’BLE MR. JUSTICE BUDIHAL R.B.

CCC NO.713/2016 & CCC NOS.714-742/2016 (CIVIL)

BETWEEN:

1. SRI B.S. KARUPPASAMY S/O M.S SANNASAI, AGED ABOUT 60 YEARS R/AT NO.841,19 TH CROSS, 5TH BLOCK,HMT LAYOUT, VIDYARANYAPURA, BANGALORE-560 097

2. SRI T.R. NAGARAJ S/O T.S. RAMA DIKSHIT, AGED ABOUT 62 YEARS R/AT NO.1047,7TH BLOCK, 7TH CROSS,HMT LAYOUT, VIDYARANYAPURA, BANGALORE-560 097

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3. SRI M. LINGANNA ASGI S/O M.S.ASGI, AGED ABOUT 61 YEARS, R/A NO.755, 5TH BLOCK, 5TH MAIN, HMT LAYOUT, VIDYARANYAPURA, BANGALORE-560097.

4. SRI A. DEVARAJ S/O M.ANNAMALI, AGED ABOUT 62 YEARS, R/A NO.3158, 6TH CROSS, KUMARASWAMY LAYOUT I STAGE, BANGALORE-560078.

5. SRI C. DEVE GOWDA S/O JAVAREGOWDA, AGED ABOUT 62 YEARS, R/A NO.6, 4TH ‘C’ MAIN ROAD, BASAVESHWRANAGARA, MUDEALAPALYA, BANGALORE-560072.

6. SRI N. PILLAPPA S/O LATE S.M.NANJAPPA, AGED ABOUT 63 YEARS, R/A NO.307, 6TH CROSS, 3RD BLOCK, HMT LAYOUT, VIDYARANYAPURA, BANGALORE-560097.

7. SRI DILEEP N JOSHI S/O LATE N.B.JOSHI, AGED ABOUT 63 YEARS, R/A NO.G-1, SAI NIVAS APARTMENT, NANDANAVANA LAYOUT, VIDYARANYAPURA, BANGALORE-560097.

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8. SRI N. KUBENDRAN S/O L.V.NARAYANA RAO, AGED ABOUT 62 YEARS, R/A NO.1132, 1ST MAIN ROAD, 7TH BLOCK, HMT LAYOUT, VIDYARANAPURA, BANGALORE-560097.

9. SRI RAMACHANDRA RAO S/O NARAYANA RAO, AGED ABOUT 60 YEARS, R/A NO.1127, 1ST MAIN ROAD, 7TH BLOCK, HMT LAYOUT, VIDYARANYAPURA, BANGALORE-560097.

10. SRI SHANKARAPPA BOMMANI S/O VEERAPPA BOMMANI, AGED ABOUT 62 YEARS, R/A NO.10, INDIRANGAR, GANGONDAHANALLI MAIN ROAD, DODDABIDARAKALLU, NAGASANDRA POST, BANGALORE-560073.

11. SRI T.L. KRISHNAMURTHY S/O T.V.LAKSHMAIAH, AGED ABOUT 65 YEARS, R/A NO.7, V2 VASUDHA APARTMENTS, G.F.004, 9TH "A" MAIN, SRINIVASANAGAR, BANGALORE-560050.

12. SRI T. GOVINDAIAH S/O THIMMAIAH, AGED ABOUT 62 YEARS,

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R/A NO.14/A, 1ST "A" CROSS, 2ND STAGE, BEML LAYOUT, BASAVESHWARANAGAR, BANGALORE-560079.

13. SRI KRISHNAMURTHY S/O KEMBYRAPPA, AGED ABOUT 61 YEARS, R/A NO.145/3, SAHYADRI NILAYA, NEAR SHARADAMBA TEMPLE, JALAHALLI, BANGALORE-560013.

14. SRI R. GOPAL REDDY S/O RAMAKRISHNAPPA, AGED ABOUT 60 YEARS, R/A NO.1020, 6TH BLOCK, HMT LAYOUT, VIDYARANYAPURA, BANGALORE-560097.

15. SRI S. DAYANAND S/O A. SRINIVAS, AGED ABOUT 63 YEARS, R/A NO.80, 3RD CROSS, SAIBABANAGAR, SRIRAM PURAM, BANGALORE-560021.

16. SRI K.G. VENKATESH S/O GOVINDEGOWDA, AGED ABOUT 62 YEARS, R/A NO.168, 5TH "C" MAIN, 7TH CROSS, R.P.C. LAYOUT, VIJAYANAGAR II STAGE, (NEAR SWIMMING POOL), BANGALORE-560040.

17. SRI SATHYANARAYANA S/O GANGAIAH, AGED ABOUT 62 YEARS,

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R/A NO.160/3, 4TH MAIN ROAD, RAMACHANDRAPURAM, BANGALORE-560021.

18. SRI R. CHANDRASHEKHARAIAH S/O RAMAKRISHN BHATTA, AGED ABOUT 63 YEARS, R/A NO.7, 2ND MAIN ROAD, DESHABADUNAGARA, DODABOMMASANDRA, BANGALORE-560097.

19. SRI K. MAYAGAIAH S/O MAYAGAIAH, AGED ABOUT 62 YEARS, R/A NO.563, 4TH CROSS, 3RD STAGE, HMT LAYOUT, VIDYARANYAPURA, BANGALORE-560097.

20. SRI Md.ATEEQ AHMED S/O MOHAMMED HANEEF, AGED ABOUT 62 YEARS, R/A NO.111, SANTACLARA APARTMENTS, 3RD CROSS, 18TH MAIN ROAD, JAYANAGAR, 4TH T" BLOCK, BANGALORE-560041.

21. SRI PUTTAMALLAIAH S/O CHOKKAKORI HEGDE, AGED ABOUT 65 YEARS, R/A NO.239, 2ND CROSS, R.R.40, NAGADEVANAHALLI, JNANABHARATHI (P.O), BANGALORE-560056.

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22. R.B. VARADARAJAN S/O R.M. BALAKRISHNAN, AGED ABOUT 64 YEARS, RESIDING AT NO.166-B (NEW NO.102), 5TH CROSS, 2ND MAIN, PRAKASHNAGAR, BENGALURU-21.

23. MUNINARAYANAPPA P, S/O.LATE POOJAPPA, AGED ABOUT 64 YEARS, RESIDING AT NO.540, 2ND FLOOR, SRIRAMA NILAYA, 2ND MAIN, 2ND CROSS, SRI RENUKAMBA TENT HOSUE, MES ROD, MUTHYALANAGARA, BENGALURU-54.

24. A.T. MYSURAIAH S/O LATE THIMMAIAH, AGED ABOUT 62 YEARS, R/AT NO.11, 8TH MAIN, 9TH CROSS, SHIVANAGAR, BANGALORE-560010.

25. J .K. JAYARAM S/O LATE J KRISHNAIAH, AGED ABOUT 61 YEARS, R/A NO.53, 3RD CROSS, 7TH MAIN, MATHIKERE, BANGALORE-560054.

26. V.K. ASHOKA S/O LATE V KRISHNOJI RAO, AGED ABOUT 62 YEARS, R/A NO.155/2, KEMBAIRAPPA COMPOUND, BESIDES SHARADAMBA TEMPLE, JALAHALLI, BANGALORE-560013.

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27. SRIRAMAIAH T, S/O LATE THIPPAIAH SETTY, AGED ABOUT 62 YEARS, RESIDING AT 271, 17TH B CROSS, 32 nd MAIN, J P NAGAR 6TH PHASE, BANGALORE-78.

28. SRI D.N.SUKUMAR S/O LATE NARASAPPA SHETTY, AGED ABOUT 60 YEARS, R/A NO.442, 16TH "A" MAIN ROAD, 36TH CROWS, 4TH "T" BLOCK, JAYANAGAR, BANGALORE-560041.

29. SRI J.M. SRINIVAS S/O LATE H.MUNISWAMAPPA, AGED ABOUT 61 YEARS, R/A NO.4/1 (OLD NO.177), 34TH CROSS, JOGANAHALLI, 2ND BLOCK, RAJAJINAGAR, BANGALORE-560010.

30. SRI S YATINDRA KUMAR S/O S.K.P.NAIDU, AGED ABOUT 62 YEARS, R/A NO.52/A, 9TH MAIN, 4TH BLOCK, RAJAJINAGAR, BANGALORE-560010.

..Complainants (By Sri Subramanya Bhat M for M/s. Subba Rao & Co., Advs.,)

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AND :

1. SRI ASHIS MUJUMDAR GENERAL MANAGER, M/S HMT MACHINE TOOLS LTD., BANGALORE COMPLEX, BENGALURU-13.

2. SRI SHANKAR DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, BANGALORE-09.

3. SRI SANDEEP THE CONTROLLING AUTHORITY, UNDER THE PAYMENT OF GRATUITY ACT, SHRAM SADAN, III CROSS, III MAIN, II PHASE, BANGALORE-22.

..Accused (By Sri T.Rajaram, Adv., for A1; Smt. S.Susheela, AGA, for A2; Sri Krishna S.Dixit, ASG for A3)

These CCCs are filed under Sections 11 and 12 of the Contempt of Courts Act by the complainants, wherein they are praying to initiate Contempt proceedings against the accused for disobeying the order dated 28.10.2015 in W.P.No.36766/2015 (Annexure-E).

These CCCs coming on for orders this day, MOHAN M. SHANTANAGOUDAR .J., made the following.

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O R D E R

The grievance of the complainants is that the order dated 28.10.2015 passed by this Court in

W.P.No.36766/2015 is not complied with. The operative portion of the said order reads thus:

“The petition is without merit and is dismissed. The respondent-workmen is entitled to withdraw the amount in deposit and the petitioner is liable to reimburse the amount.”

From the aforementioned, it is clear that the amount already in deposit is permitted to be withdrawn by the complainants and that the accused should allow the complainants to withdraw the amount.

2. It is brought to the notice of the Court by the learned Advocates on record that an amount of

`22,50,000/- (Rupees Twenty Two Lakhs Fifty Thousand

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Only) in deposit is credited to the account of retired employees on 15.7.2016.

Said submissions are recorded.

In view of the same, we do not propose to initiate the contempt proceedings against the accused. Accordingly, contempt proceedings are dropped .

Sd/- JUDGE

Sd/- JUDGE

*LB/-