K.J.Pailochan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.02.2025
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.2800 of 2025 K.J.Pailochan .. Petitioner Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram - 605 602.
2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 632 009.
3.The Administrator, Tamil Nadu State Transport Corporations Employees' Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to revise the petitioner's wage with effect from 01.09.2016 based on the 13th wage settlement dated 04.01.2018 and pay him the difference in Leave liability
and Gratuity along with the interest at the rate of 12% per annum from the date of entitlement till the date of actual disbursement within a time limit to be stipulated by this Court.
For Petitioner .. Mr.J.Lakshminarayanan For Respondents .. Mr.R.Venkatesaperumal, Standing Counsel
ORDER
This Writ Petition has been filed in the nature of a Mandamus seeking revision of the wages w.e.f., 01.09.2016 based on the 13th wage settlement dated 04.01.2018.
2.The petitioner placed reliance on the settlement reached under Section 12(3) of the Industrial Dispute Act. It is contended that, in this connection, the petitioner had given a representation seeking such revision. It is also contended that other individuals similarly placed like the petitioner had approached this Court and a mandamus has been issued to consider the said representation.
3.Without entering into any further discussion, a direction is issued to the 2nd respondent, the General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, in the first place, to examine the representation of the petitioner and pass appropriate orders and if the petitioner is entitled for arrears, then the petitioner must be paid the same with interest at 6% per annum. The 2nd respondent is duty bound to examine the representation and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order. If there is a delay in passing the orders, the petitioner would be then entitled for interest at 12% per annum. The 2nd respondent may pass such orders and put it up to the 1st respondent to pass final orders with respect to the claim of the writ petitioner.
4.With the above observations, this Writ Petition stands disposed of. No costs.
10.02.2025 Index:Yes/No Internet:Yes/No smv
To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram - 605 602.
2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 632 009.
3.The Administrator, Tamil Nadu State Transport Corporations Employees' Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
C.V.KARTHIKEYAN,J.
smv W.P.No.2800 of 2025 10.02.2025