V.Boopathy 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 V.Boopathy .. 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 Corporation, Employees' Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600002.
.. 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 wages with effect 01.09.2019 based on the 14th wage settlement
dated 24.08.2022 and pay him the difference in leave salary, gratuity and arrears of pension from 16.07.2022 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 within a time limit to be stipulated by this Court. For Petitioner : Mr.J.Lakshminarayanan For Respondents : Mr.R.Venkatesa Perumal, Standing Counsel
ORDER
This Writ Petition has been filed in the nature of a Mandamus, seeking a direction against the respondents to revise the wages of the petitioner with effect from 01.09.2019 on the basis of the 14th wage settlement dated 24.08.2022 and to pay the difference in leave salary, gratuity and arrears of pension from 16.07.2022 to 28.02.2023. The petitioner also seeks interest at the rate of 12% per annum.
2. In the affidavit filed in support of the writ petition, it had been stated that the petitioner was working as Special Grade Driver in the Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region and
voluntarily retired from service on 15.07.2022. The retirement benefits were paid only on 25.06.2023. There was a Tripartite Wage Settlement under Section 12(3) of the Industrial Disputes Act entered into between the Management and the Trade Unions, and the petitioner claims that the benefit of the same should be extended to him.
3. Since the petitioner voluntarily retired from service in the year 2022 and retirement benefits were paid only in the year 2023, the petitioner claims that necessary interest should also be paid towards the difference in the gratuity, leave salary and arrears of pension.
4. A direction is issued that the said arrears should be paid within a period of three months from the date of receipt of a copy of this order, together with interest at the rate of 6% per annum. It is only in the interest of the respondents to make the payment, as otherwise, they would suffer payment of additional interest to the petitioner.
5. With the above observations, this Writ Petition is disposed of. No costs.
10.02.2025 Index:Yes/No Internet:Yes/No Neutral Case Citation: Yes/No kv 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 Corporation, Employees' Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600002.
C.V.KARTHIKEYAN,J.
kv 10.02.2025