M.Sundararajan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.03.2024 CORAM :
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Sundararajan
...Petitioner
-Vs1. The Managing Director, TamilNadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram-605 602.
2. The General Manager, Tamilnadu State Transport Corporation, (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore-632 009.
3. The Administrator, TamilNadu State Transport Corporation Employees' Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to revise the petitioner wages with effect from 01.09.2019 based on the 14th wage settlement dated 24.08.2002 and pay him the arrears of wages payable from 01.09.2019 to 31.01.2020, difference in Leave Salary, Gratuity, Arrears of 1/6
pension from 01.02.2020 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 the time limit to be stipulated by this Hon'ble Court. For petitioner : Mr.P.Manojkumar For respondents 1 & 2 : Mr.R.Venkatesa Perumal Standing Counsel For respondent 3 : Mr.C.S.K.Sathish
ORDER
This writ petition has been filed for a direction directing the respondents to revise the petitioner wages with effect from 01.09.2019 based on the 14th wage settlement dated 24.08.2002 and pay him the arrears of wages payable from 01.09.2019 to 31.01.2020, difference in Leave Salary, Gratuity, Arrears of pension from 01.02.2020 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.
2. Heard the learned counsel appearing for the petitioner and the 2/6
learned standing counsel appearing for the respondents and perused the materials available on record.
3. The petitioner was working as Special Grade Driver in the respondent corporation and retired from service on 31.01.2020. At 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 3/6
wages of the petitioner from 01.09.2019 to till his retirement and disburse the arrears of wages, difference on 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 is disposed of. No costs.
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1. The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd., Pallavan House, Anna Salai, Chennai-600 002.
2. The Administrator, Tamilnadu State Transport Corporation, Employees Pension Fund Trust, Thiruvallurvar House, Pallavan Salai, Chennai-600 002.
G.K.ILANTHIRAIYAN,J.
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