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Madras High CourtWP/10362/2025disposed of

C.Velusamy v. The Managing Director

2025-03-26Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-03-2025

CORAM

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN C.Velusamy Staff No J07529 Petitioner Vs

1. The Managing Director Tamil Nadu State Transport Corporation Ltd.

37 Mettupalayam Road, Coimbatore 43.

2.The General Manager Tamil Nadu State Transport Corporation Ltd, Erode Region, Chennimalai Road, Erode 638001.

3.The Administrator, Tamil Nadu State Transport Corporation EPF Trust, Thiruvalluvar House Anna Salai, Chennai 2.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay the arrears of wages by considering 12 (3) settlement dated 01.04.2018 along with 12% interest p.a. within a time frame.

For Petitioner(s):

Mr.N. Senthilkumar For R1 & R2 Mr.Muralivinoth, Standing Counsel For R3 Mr.C.S.K. Sathish Standing Counsel

ORDER

The writ petition has been filed in the nature of mandamus seeking a direction against the respondents to pay arrears of wages by considering the settlement reached under Section 12 (3) of the Industrial Dispute Act, 1947, dated 04.01.2018. The petitioner also claims interest to be paid for the delayed payment.

2.In the affidavit filed in support of the writ petition, it had been stated that the petitioner was appointed on 29.12.1988 as Junior Assistant under the respondents and retired on attaining the age of superannuation on 31.07.2015. It had been further contended that a settlement had been reached under Section 12 (3) of the Industrial Dispute Act, 1947 between the respondents and the union representatives on 04.01.2018. The petitioner seeks that the benefits of the same now should be paid to him.

3. Heard the learned counsel for the respondents 1, 2 & 3. 4.The respondents may examine the service register of the petitioner and examine whether the petitioner is eligible for the benefits of the settlement reached under section 12 (3) of the Industrial Dispute Act, 1947 and if eligible, pay the same together with interest at 6% per annum from the date of retirement till the date of actual disbursement.

5.The writ petition stands disposed of. No costs. 26-03-2025 sli Index:Yes/No Speaking/Non-speaking order Internet:Yes

C.V.KARTHIKEYAN J.

sli To

1. The Managing Director Tamil Nadu State Transport Corporation Ltd.

37 Mettupalayam Road, Coimbatore 43.

2.The General Manager Tamil Nadu State Transport Corporation Ltd, Erode Region, Chennimalai Road, Erode 638001.

3.The Administrator, Tamil Nadu State Transport Corporation EPF Trust, Thiruvalluvar House Anna Salai, Chennai 2.

26-03-2025