N.Damodharan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2020

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.7405 of 2010 N.Damodharan ..

Petitioner -vsThe Managing Director Metropolitan Transport Corporation (Chennai) Limited, Pallavan Illam, Anna Salai, Chennai ..

Respondent Petition under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to fix the basic pay at Rs.8020/- and settle the different amount of retiral benefits such as Gratuity, Pension, Commutation of Pension and encashment leavel salary and also arrears of increment amount.

For Petitioner ::

Mr.K.Malaikannu For Respondent ::

Mr.K.Moorthy Standing Counsel

ORDER

Heard learned counsel for the parties through video conferencing due to the Covid-19 pandemic.

2. This writ petition has been filed for issuance of a mandamus directing the Managing Director, Metropolitan Transport Corporation (Chennai) Limited to fix the basic pay of the petitioner at Rs.8020/- and settle the amount of his retiral benefits.

3. This prayer is not maintainable as, in terms of Section 9-A read with the Fourth Schedule to the Industrial Disputes Act, the wages including the period and the mode of payment, compensatory and other allowances are the issues to be raised before the concerned forum. Therefore, giving liberty to the petitioner to work out his remedy in the manner known to law before the Labour Court concerned, this writ petition is dismissed as not maintainable. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ss/tsi https://hcservices.ecourts.gov.in/hcservices/

To The Managing Director Metropolitan Transport Corporation Chennai Limited, Pallavan Illam, Anna Salai, Chennai.

W.P.No.7405 of 2010 PVS(CO) GN(07/08/2020) https://hcservices.ecourts.gov.in/hcservices/