M.Jeevanandam, Staff No.J00851 v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 20.02.2025
CORAM:
THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN W.P.No.5980 of 2025
1. M. Jeevanandam staff No.J00851
2. A. Krishnan Staff No. J01826 ... Petitioners vs 1.The Managing Director Tamil Nadu State Transport Corporation Limited, 37, Mettupalayam Road, Coimbatore 43.
2. The General Manager, Tamil Nadu State Transport Corporation Limited, Erode Region, Chennimalai Road, Erode 638 001
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue appropriate Writs, Orders of directions and in particular issue a writ of Mandamus directing the respondents to settle the benefits towards the Encashment of Earned Leaves, surrendered by the petitioners along with 12% interest per annum within a time frame as may be fixed by this Hon'ble Court.
1/5
For Petitioners : Mr. N. Senthil Kumar For Respondents : Mr. M. Murali Vinodh Standing Counsel.
ORDER
This Writ Petition has been filed in the nature of a Mandamus seeking a direction against the respondents to settle the retirement benefits, like encashment of Earned Leave surrender by the petitioners together with interest at the rate of 12% per annum.
2. In the affidavit filed in support of this Writ Petition, it had been stated that the first petitioner had retired as a senior Assistant from the respondent Transport Corporation after completing 30 years of service on attaining the age of superannuation on 30.04.2020. It had been further stated that the second petitioner had retired as a Tradesman from the respondent Transport Corporation after completing 24 years of service on attaining the age of superannuation on 30.09.2012. It is stated that the leave benefits of the workmen of the State Transport Corporation were governed by periodical settlements which were entered into between the Management and the workmen under Section 12(3) of 2/5
the Industrial Dispute Act, 1947. It is contended that the Earned Leave surrendered by the petitioners has not been settled even after their retirement.
3. A mandamus is issued to the respondents to examine the Service Register of the petitioners and to examine whether the Earned Leave surrendered by the petitioners had been paid and, if not, disburse the same within a period of four months from the date of receipt of a copy of this order. Since there is a delay, the amount shall also be paid with interest at the rate of 6% per annum.
4. With the above directions, this Writ Petition stands disposed of. No costs.
20.02.2025 Internet : Yes / No Index: Yes / No Speaking order / Non speaking order Bga 3/5
To 1.The Managing Director Tamil Nadu State Transport Corporation Limited, 37, Mettupalayam Road, Coimbatore 43.
2. The General Manager, Tamil Nadu State Transport Corporation Limited, Erode Region, Chennimalai Road, Erode 638 001 4/5
C.V. KARTHIKEYAN, J.
bga W.P.No.5980 of 2025 20.02.2025 (1/2) 5/5