M.Sivaji v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.02.2025

CORAM:

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN W.P.No.6456 of 2025 M. Sivaji ... Petitioner vs

1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, 3/137, Salamedu Villupuram 605 602

2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vellore Region, Rangapuram, Vellore 632 009.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue an appropriate order, directions or writ including a writ of Mandamus or a Writ in the nature of Mandamus directing the respondents to revise the petitioner's wages with effect 01.09.2013 based on the 12th wage settlement dated 13.04.2015 and pay him the arrears of wages payable from 01.09.2013 to 30.04.2014, difference in Leave Salary and Gratuity, 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 Hon'ble Court. 1/4

For Petitioner : Mr. J. Lakshminarayanan For Respondents : Ms. S. Pavithra, Standing Counsel.

ORDER

This Writ Petition has been filed in the nature of a Mandamus seeking a direction to the respondents to revise the wages of the petitioner on and from 01.09.2013 till 30.04.2014.

2. In the affidavit filed in support of the writ petition, it had been stated that consequent to the settlement reached between the Management and the workmen under Section 12(3) of the Industrial Dispute Act, 1947, a tripartite settlement was entered into on 13.04.2015. Such settlement would relate back to the initial period of 01.09.2013. Therefore, the petitioner would be entitled for the difference in wages for the period from 01.09.2013 till the date of his retirement/30.04.2014.

3. The respondents may examine the credentials of the petitioner and the service Register and examine whether the difference had already 2/4

been paid and if not, disburse the same within a period of three months from the date of receipt of a copy of this order. If there is a delay beyond the period of three months, the petitioner is entitled for interest at the rate of 6% per annum from the date of his retirement, namely, 30.04.2014, till the date of actual disbursement.

4. With the above directions, this writ petition stands disposed of. No costs.

25.02.2025 Internet : Yes / No Index: Yes / No Speaking order / Non speaking order Bga To

1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, 3/137, Salamedu Villupuram 605 602

2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vellore Region, Rangapuram, Vellore 632 009.

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C.V. KARTHIKEYAN, J.

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