K.Dhanalakshmi v. Tamil Nadu State Transport
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.07.2017
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.526 of 2017 K.Dhanalakshmi ... Petitioner /versus/ 1.Tamilnadu State Transport Corporation (Salem) Ltd., Rep. by its Managing Director, No.12, Ramakrishna Salai, Salem - 7.
2.The General Manager, Tamilnadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Salai, Salem - 7.
3.The Administrator, Tamilnadu State Transport Corporations Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai 600 002.
... Respondents Prayer:
Writ petition is filed under Article 226 of Constitution of India praying to issue appropriate Writs, Orders or Directions and in particular issue a Writ in the nature of Mandamus, directing the respondents to settle the petitioner forthwith all the service, death and terminal benefits payable to her husband, by counting the service of her husband from the date of the his appointment to the date of his superannuation for payment of gratuity; by counting her husband's entire service from the date of his appointment to the date of his death by giving increments, pay revision, review, etc. from the date of his dismissal upto the date of his death for payment of Gratuity, Provident Fund, earned leave salary, family pension, etc. and also to pay the petitioner monthly pension payable under the Post Retirement Benefit Scheme from 03.10.2009; the balance amount of Rs.45,000/- payable under the Family Benefit Scheme Fund, the amount payable under the Social Security Scheme, refund of IRT contributions and the arrears of salary
and other benefits from the date of award to the date of reinstatement and difference in salary and other benefits from the date of her husband's reinstatement to the date of his death, together with interest at the rate of 12% per annum from the date of actual due to the date of actual payment, award costs.
For Petitioner : Mr.V.Ajoy Khose For R1 and R2 : Mr.R.K.Gandhi For R3 : Mr.P.Paramasivadoss
O R D E R
Though the prayer sought for in this Writ Petition is for a direction to the respondents to settle the petitioner forthwith all the service, death and terminal benefits payable to her husband by counting the services rendered by the husband of the writ petitioner. It is informed before this Court that an Industrial Dispute was raised and an Award was passed by the Labour Court in respect of the husband of the writ petitioner. The learned counsel appearing for the writ petitioner reiterates that even beyond the Award passed by the Labour Court, the writ petitioner is entitled to receive all the retirement benefits due to her husband. The fact regarding the entitlement of the writ petitioner to receive the retiral benefits of her husband is not disputed by the respondents.
This Court is of the opinion that irrespective of the Award passed by the Labour Court, the respondents have to calculate the retirement benefits in accordance with the service rendered by the writ petitioner as per Service Records and settle all the retirement benefits in accordance with rules. The said exercise is to be done within a period of eight weeks from the date of receipt of a copy of this order. With these directions, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rna
To 1.The Managing Director, Tamilnadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Salai, Salem - 7.
2.The General Manager, Tamilnadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Salai, Salem - 7.
3.The Administrator, Tamilnadu State Transport Corporations Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai 600 002.
+1cc to Mr.V.Ajay khose, Advocate SR.No.47510 W.P.No.526 of 2017 MSM(CO) GN(18/07/2017)