Periyasamy (Fc0638) v. Tamilnadu State Transport Corporation (Salem) Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.02.2024 CORAM :
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
1. N.Periyasamy ... Petitioner in W.P.3281 of 2024
2. R.Arulmozhi ... Petitioner in W.P.3283 of 2024
3. S.Murugesan ... Petitioner in W.P.3286 of 2024
4. S.Sundaram ... Petitioner in W.P.3287 of 2024
5. K.Nallathambi ... Petitioner in W.P.3290 of 2024 -VsTamilnadu State Transport Corporation (Salem) Ltd., Rep. by its The Managing Director, No.12, Ramakrishna Road, Salem-7.
... Respondent in all W.P.s'
Common Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent to pay interest at the rate of 18% per annum for the belated payment of the petitioner's PF, Gratuity and earned leave salary with interest at the rate of 18% within a specified time.
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(In all W.Ps') For petitioners : Mr.V.Ajay Khose For respondent : Mr.K.Raja, Standing Counsel COMMON ORDER These Writ Petitions have been filed for a direction directing the respondents to pay the difference amount of terminal benefits as per the 13th wage settlement along with 18% 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 Conductor, Helper in the respondents' Corporation and they were retired from service on 31.05.2022, 30.06.2019, 30.06.2022, 19.10.2020 respectively. As per the 13th Wage Settlement the basic salary has been amended for the permanent employees 2/4
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 Index : Yes/No Speaking/Non-Speaking order gvn To Tamilnadu State Transport Corporation (Salem) Ltd., Rep. by its The Managing Director, 3/4
No.12, Ramakrishna Road, Salem-7.
G.K.ILANTHIRAIYAN,J.
gvn W.P.Nos.3281, 3283, 3286, 3287 & 14.02.2024 4/4