G.Devarajan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2024
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.7435 of 2024 G.Devarajan .....
Petitioner Vs
1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram - 605 602.
2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 632 009.
3. The Administrator, Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Thiruvallurvar Illam, Pallavan Salai, Chennai - 600 002.
.....
Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to revise the petitioner wages with effect from 01.09.2019 based on the 14th 1/4
wage settlement dated 24.08.2022 and pay him the arrears of wages payable from 01.09.2019 to 30.04.2020, difference in Leave Salary, Gratuity, Arrears of pension from 01.05.2020 to 28.02.2023 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 Court.
For Petitioner : Mr.P.Manoj Kumar For R1 & R2 : Mr.R.Venkatesa Perumal Standing Counsel
ORDER
This Writ Petition has been filed for a direction directing the respondent to revise the wage of the petitioner with effect from 01.09.2019 based on the 14th Wage Settlement dated 24.08.2022 and pay the arrears of wages payable from 01.09.2019 to 30.04.2020, difference in Leave Salary, Gratuity, arrears of Pension from 01.05.2020 to 28.02.2023 with applicable interest.
2. Heard Mr.P.Manoj Kumar, learned counsel appearing for the petitioner and Mr.R.Venkatesa Perumal, learned Standing Counsel appearing for the respondents 1 & 2 and perused the materials available on record.
3. The petitioner was working as Senior Checking Inspector in the respondent Corporation and retired from service on 30.04.2020. At 2/4
the time of his retirement, all his terminal benefits were settled. While being so, the 14th Tripartite Wage Settlement under Section 12(3) of the Industrial Dispute Act was entered into between the Management and the Trade Unions on 24.08.2022. In view of the settlement, the Management agreed to revise the wages of the employees for those who are in service as on 01.09.2019 by revising the pay by 5% of the earlier wages. The petitioner is also covered under the 14th Wage Settlement. Therefore, the petitioner submitted a representation which is pending on the file of the respondents.
4. In view of the above, the respondents are directed to revise the wages of the petitioner from 01.09.2019 to till his retirement and disburse the arrears of wages, difference in leave salary, gratuity and arrears of pension with applicable interest within a period of eight weeks from the date of receipt of a copy of this order.
5. With the above direction, this Writ Petition stands disposed of. No costs.
21.03.2024 Internet : Yes/No Index:Yes/No Speaking Order/Non Speaking Order Lpp 3/4
G.K.ILANTHIRAIYAN, J.
Lpp To
1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram - 605 602.
2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 632 009.
3. The Administrator, Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Thiruvallurvar Illam, Pallavan Salai, Chennai - 600 002.
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