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Madras High CourtWP/26485/2012dismissed

The Tamilnadu Transport v. The State Of Tamilnadu

2023-08-22Honourable Mr Justice G.K. Ilanthiraiyan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.26485 of 2012 The Tamil Nadu Transport Corporation Retired Employees' Welfare Association, Rep. by its Secretary, No.4/787 Rathinasamy Nagar, Sakkottai, Kumbakonam Taluk, Tanjore District.

...

Petitioner Vs

1. The State of Tamil Nadu, Rep. by its Secretary to Government, Transport (I Department) Fort St.George, Secretariat, Chennai - 600 009.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai 600 002.

3. The Special Deputy Commissioner of Labour, Chennai.

4. The Managing Director, Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd, Kumbakonam, Tanjore District.

...

Respondents 1/7

PRAYER: Writ Petition has been filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents herein to disburse the pensionary benefits giving effect to the wage increase as per 12(3) Settlement dated22.01.2011 in Ref.C1/65956/2010 to all the members of the petitioner Association.

For Petitioner :

Mr.A.G.Abhishek for Mr.L.Palanimuthu For R1 & R3 :

Mr.T.M.Rajangam Govt. Advocate For R2 :

Mr.C.S.K.Sathish For R4 :

Mr.S.Sathyagandhi W.P.No.33693 of 2012 Tamil Nadu State Transport Corporation Retired Employees Welfare Association, Rep. by its General Secretary, (Reg.No.138/06 CNI 25/14, Ponnambalam Salai, K.K.Nagar, Chennai - 600 078.

...

Petitioner Vs

1. The State of Tamil Nadu Rep. by the Chairman & Principal Secretary to Government, Transport Department, Fort St.George, Chennai - 600 009.

2. The Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, rep. by its Administrator, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

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3. The Special Deputy Commissioner of Labour, Teynampet, Chennai - 600 006.

4. The Metropolitan Transport Corporation Ltd., Rep. by its Managing Director, Pallavan Salai, Chennai - 600 002.

5. The State Express Transport Corporation Limited, Rep. by its Managing Director, Pallavan Salai, Chennai - 600 002.

6. The Tamil Nadu State Transport Corporation (Villupuram) Limited, Rep. by its Managing Director, Villupuram.

7. The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Rep. by its Managing Director, Kumbakonam.

8. The Tamil Nadu State Transport Corporation (Salem) Limited, Rep. by its Managing Director, Salem.

9. The Tamil Nadu State Transport Corporation Coimbatore Limited, Rep. by its Managing Director, Coimbatore.

10. The Tamil Nadu State Transport Corporation Madurai Limited, Rep. by its Managing Director, Madurai.

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11. The Tamil Nadu State Transport Corporation Tirunelveli Limited, Rep. by its Managing Director, Tirunelveli.

....

Respondents PRAYER: Writ Petition has been filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1, 2 and 4 to 11 herein to disburse the pensionary benefits, as per 12(3) Settlement dated 22.01.2011 in ref.No.C1/65956/2010 to all the members of our Associations and strictly implement the provisions under Clause 11 of the Settlement.

For Petitioner :

M/s.S.Bhuvaneswari For R1 & R3 :

Mr.T.M.Rajangam Govt. Advocate For R2 :

Mr.C.S.K.Sathish For R4 :

Mr.R.Balaji For R5 :

Mr.L.S.M.Hasan Fizal For R6 :

Mr.M.Aswin For R7 :

Mr.S.Sathyagandhi For R8 :

Mr.K.Raja For R9 :

Mr.A.Vinodhraj For R10 & R11 :

No appearance COMMON ORDER These Writ Petitions have been filed for direction directing the respondents to disburse the pensionary benefits giving effect to the wage increase as per 12(3) Settlement dated 22.01.2011 in Ref.No.C1/65956/2010 to all the members of the petitioners' Association. 4/7

2. It is seen that after the Settlement dated 22.01.2012, there are two other settlements under Section 12(3) of the Industrial Dispute Act. Accordingly, the members of the petitioners Association were paid the salary and other benefits. Therefore, the prayer sought for in these writ petitions have become infructuous. Accordingly, these Writ Petitions stand dismissed. There shall be no order as to costs. 22.08.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order Lpp To

1. The Secretary to Government, State of Tamil Nadu, Transport (I Department) Fort St.George, Secretariat, Chennai - 600 009.

2. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai 600 002.

3. The Special Deputy Commissioner of Labour, Chennai.

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4. The Managing Director, Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd, Kumbakonam, Tanjore District.

5. The Metropolitan Transport Corporation Ltd., Pallavan Salai, Chennai - 600 002.

6. The State Express Transport Corporation Limited, Pallavan Salai, Chennai - 600 002.

7. The Tamil Nadu State Transport Corporation (Villupuram) Limited, Villupuram.

8. The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam.

9. The Tamil Nadu State Transport Corporation (Salem) Limited, Salem.

10. The Tamil Nadu State Transport Corporation Coimbatore Limited, Coimbatore.

11. The Tamil Nadu State Transport Corporation Madurai Limited, Madurai.

12. The Tamil Nadu State Transport Corporation Tirunelveli Limited, Tirunelveli.

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G.K.ILANTHIRAIYAN, J.

Lpp 22.08.2023 7/7