E.Jayaraj v. The Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2024 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. E.Jayaraj

2. V.Sukumar

3. T.Dashnamurthy

4. M.Karunamurthy

5. S.Saravanakumar

...Petitioners

-Vs1.The Managing Director Metropolitan Transport Corporation (Chennai) Ltd., No.2, Anna Salai, Chennai-600 002.

2.The Administrator, Tamilnadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai-600 002.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to pay interest @ 10% for the belated payment of terminal benefits such as Gratuity, Provident Fund, Leave Salary and Commutation amount to the petitioners. 1/4

For petitioners : Mr.S.T.Varadarajalu For respondent 1 : Mr.R.Balaji Standing Counsel For respondent 2 : Mr.C.S.K.Sathish Standing Counsel

ORDER

This Writ Petition has been filed for a direction directing the respondents to pay the difference amount of terminal benefits as per the 13th wage settlement along with 10% interest for the belated period of terminal benefits to the petitioners.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioners were working as Driver and Conductor respectively in the respondents' Corporation and they were retired from service on 31.05.2022, 30.06.2022, 31.07.2022 respectively. As per the 13th 2/4

Wage Settlement the basic salary has been amended for the permanent employees who all were working as on 01.09.2016. Therefore, the petitioners are also entitled to get the terminal benefits, such as, Gratuity, Earned Leave Salary, etc., based on the 13th Wage Settlement. Therefore, the petitioners submitted a representation and the same were not considered so far.

4. Considering the facts and circumstances of the case, the respondents are directed to pay the difference amount of terminal benefits as per the 13th Wage Settlement along with applicable interest within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, these Writ petitions are disposed of. No costs.

14.02.2024 (1/2) Index : Yes/No Speaking/Non-Speaking order gvn 3/4

G.K.ILANTHIRAIYAN,J.

gvn 1.The Managing Director Metropolitan Transport Corporation (Chennai) Ltd., No.2, Anna Salai, Chennai-600 002.

2.The Administrator, Tamilnadu State Transport Corporation Employees Pension Fund Trust, No.2, Pallavan Salai, Chennai-600 002.

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