M.Ganesan (Fco270) v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.11.2023
CORAM
THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. No.2397 of 2020 M.Ganesan (FC0270) S/o.K.Muthusamy Sellathar Thottam Pudupalayam Appamma Samuthiram Attur Taluk, Salem 636 108 ... Petitioner /Vs/ 1.The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Salai Salem 636 007 2.The Administrator Tamil Nadu State Transport Corporation Employees Pension Trust Administrative Office Thiruvallurvar House Pallavan Salai Chennai ... Respondents Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the Respondents i)to disperse the Labour Welfare Fund and the EL surrender with interest to the Petitioner, ii)to disperse the differential amount of salary based on the revised scale of pay and 1/6
dearness allowance for the post of Senior Checking Inspector, iii)to pay the differential amount of Gratuity, Leave Salary and commutation with interest by computing the last drawn salary as per the revised scale of pay in view of the settlement arrived at under Section 12(3) of Industrial Disputes Act and iv) to disperse the differential amount of pension to the Petitioner as per the revised rate of dearness allowance periodically.
For Petitioner :
Mr.G.Pugazhenthi For Respondents :
Mr.R.Babu Standing counsel
ORDER
This Writ Petition has been filed for issuance of Writ of Mandamus directing the Respondents i)to disperse the Labour Welfare Fund and the EL surrender with interest to the Petitioner, ii)to disperse the differential amount of salary based on the revised scale of pay and dearness allowance for the post of Senior Checking Inspector, iii)to pay the differential amount of Gratuity, Leave Salary and commutation with interest by computing the last drawn salary as per the revised scale of pay in view of the settlement arrived at under Section 12(3) of Industrial Disputes Act and iv) to disperse the differential amount of pension 2/6
to the Petitioner as per the revised rate of dearness allowance periodically. 2.The entitlement claimed by the Petitioner is indicated as per the table below:
Details of arrears Amount to be paid (Rs.) Paid amount (Rs.) To be paid (Rs.) Gratuity 4,46,811/- 3,75,774/- 71,037/- Salary 21,229/- - 21,229/- Pension 14,88,794/- 12,44,483/- 2,44,311/- Leave Salary 66,563/- 55,823/- 10,740/- Commutation 2,77,047/- 2,42,592/- 34,455/- E.L.Surrender 7,734/- 7,734/- Total 3,89,506/- 3.Heard Mr.G.Pugazhenthi, learned counsel for the Petitioner and Mr.R.Babu, learned Standing counsel for the Respondents. 4.Mr.G.Pugazhenthi, learned counsel for the Petitioner submitted that the Petitioner was working as a Conductor in the first Respondent/Transport Corporation. As per the settlement under Section 12(3) of the Industrial Disputes Act, 1947, the employees are entitled to wage revision, for which the Petitioner also eligible to get. The Petitioner retired from service on 31.03.2011. However, the Respondents did not settle his arrears of salary, 3/6
gratuity, pension, commutation or leave encashment, so far. Hence the Petitioner has come out with this Writ Petition. 5.Mr.R.Babu, learned Standing counsel for the Respondents submitted that as per the wage settlement arrived on 04.01.2018, the Petitioner is not entitled to any enhancement of pay and hence he cannot claim any arrears as to the difference in new or old pay as stated by the Petitioner. The entire terminal benefits with interest which has to be settled to the Petitioner is detailed as under:
S.No.
Terminal Benefits details Amount (Rs.) Cheque No/EC Date of payment Gratuity 375774 ECS 30.12.2013 Gratuity interest 58254 ECS 16.08.2018 Provident fund 178838 ECS 31.03.2011 Commutation 242592 ECS 20.06.2012 Commutation interest 15393 ECS 16.08.2018 Leave liability 35000 16823 55823 ECS 16.10.2017 31.10.2017 12.01.2018 Leaver liability interest 21934 ECS 18.09.2018 Social Welfare Fund - SWF 69540 ECS 30.03.2011 IRTT ECS 21.07.2011 Leave surrender To be paid 6.Mr.R.Babu, learned Standing counsel for the Respondents submitted 4/6
that in the above table, except S.No.10 (leave surrender), all the other heads have already been paid to the Petitioner and it is undertaken to pay the encashment of leave (S.No.10) also to the Petitioner, shortly. 7.If the Petitioner is not satisfied with the payment already made to him and the payments due as submitted by the Respondents, he is at liberty to raise an Industrial Dispute case in the manner known to law. 8.The first Respondent is directed to pay the admitted leave encashment salary to the Petitioner within a period of four weeks from the date of receipt of a copy of this order.
9.With the above direction, this Writ Petition is disposed of. No costs. 23.11.2023 Index : Yes/No : Yes/No Speaking Order/Non-Speaking Order sai 5/6
R.N.MANJULA, J.
sai To 1.The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Salai Salem 636 007 2.The Administrator Tamil Nadu State Transport Corporation Employees Pension Trust Administrative Office Thiruvallurvar House Pallavan Salai Chennai W.P. No.2397 of 2020 23.11.2023 6/6