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Madras High CourtWP/1936/2024disposed of

C.Sivagnanam v. The Managing Director,

2024-01-31Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :31.01.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN C.Sivagnanam ... Petitioner -Vs1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Villupuram - 605 602.

2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd, Kanchipuram Region, Chennai - Bangalore National Highway, Karapet Post, Kanchipuram - 631 552.

... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents to revise the petitioner wages with effect from 01.09.2019 based on the 14th wage settlement dated 24.08.2022 and pay him the arrears of wages payable from 01.09.2019 to 31.05.2022, difference in Leave Salary and Gratuity, Arrears of pension from 01.06.2022 to 28.02.2023 along with the interest at the rate of 12% per annum from the date of entitlement to till the date of actual disbursement similar to the orders passed by the Madurai Bench

of this Court in WP.(MD) No.23774/2023 dated 29.09.2023 within a time limit to be stipulated by this Court.

For Petitioner : Mr.P.Manoj Kumar For Respondents : Mr.R.Venkatesa Perumal Senior Counsel

ORDER

This Writ Petition has been filed seeking direction to the respondents to revise the petitioner wages with effect from 01.09.2019 based on the 14th wage settlement dated 24.08.2022 and pay him the arrears of wages payable from 01.09.2019 to 31.05.2022, difference in Leave Salary and Gratuity, Arrears of pension from 01.06.2022 to 28.02.2023 along with the interest at the rate of 12% per annum from the date of entitlement to till the date of actual disbursement similar to the orders passed by the Madurai Bench of this Court in WP.(MD) No.23774/2023 dated 29.09.2023 within a time limit to be stipulated by this Court.

2. The petitioner retired as Checking Inspector from the

respondents / Corporation. He reached the age of superannuation on 31.05.2022.

3. A settlement was entered into between the Union and the Management on 24.08.2022. But it was made applicable with effect from 01.09.2019. Therefore, the petitioner was also entitled to the benefit under the said settlement, dated 24.08.2022. But his terminal benefits were settled without reference to the terms of the settlement. Therefore, the petitioner is entitled to not only the difference in benefits but also interest thereon.

4. This stand of the petitioner cannot be disputed. I therefore, direct the respondents / Corporation to pay arrears of wages and differential benefits in respect of Gratuity and Encashment of Leave as per wage settlement, dated 24.08.2022. Those amounts shall be paid within a period of six (6) months from the date of receipt of a copy of this order. The respondents have to make the differential payment with 6% interest per annum to be computed from the date of the petitioner's retirement till the date of payment.

5. With the above said observations, the writ petition stand disposed of. There shall be no order as to costs. 31.01.2024 Internet : Yes Index : Yes/No Sma

G.K.ILANTHIRAIYAN, J.

Sma To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Villupuram - 605 602.

2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd, Kanchipuram Region, Chennai - Bangalore National Highway, Karapet Post, Kanchipuram - 631 552.

31.01.2024