M.Murugesan v. Tamil Nadu State Transport Corporation (Coimbatore) Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 27.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.Nos. 10259, 10260 & 10263 of 2022 M.Murugesan ... Petitioner in W.P.No.10259 of 2022 P.Nagaraj ... Petitioner in W.P.No.10260 of 2022 S.Muralidharan ... Petitioner in W.P.No.10263 of 2022 Vs.
Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Rep. by its Managing Director, No.37, Mettupalayam Road, Coimbatore - 641 043.
Respondent in all cases Prayer in WP Mo.10259/2022: Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondent to pay the petitioner interest for the belated payment of his terminal benefits, namely the P.F, Gratuity and Earned Leave Salary to pay a sum of Rs.19,576/- towards difference in Gratuity and to pay wages towards 60 days of earned leave surrendered by the petitioner together with interest at the rate of 12 percentage for all above benefits within a specified time frame fixed by this Court. Prayer in WP Mo.10260/2022: Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondent to pay the petitioner interest for the belated payment of his terminal benefits, namely the P.
F, Gratuity and Earned Leave Salary to pay a sum of Rs.72,765/- towards difference in Gratuity and to pay wages towards 30 days of earned leave surrendered by the petitioner together with interest at the rate of 18 percentage for all above benefits within a specified time frame fixed by this Court. Prayer in WP Mo.10263/2022: Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondent to pay the petitioner interest for the belated payment of his terminal benefits, namely the P.
Rs.82,115/- towards difference in Gratuity and to pay wages towards 75 days of earned leave surrendered by the petitioner together with interest at the rate of 12 percentage for all above benefits within a specified time frame fixed by this Court. In all cases For Petitioners: Mr.V.Ajoy Khose For Respondent : Mr.A.Sundaravadhanan Standing Counsel (TNSTC) COMMON ORDER The relief sought for in all the writ petitions is for a Mandamus seeking direction to the respondent to pay the petitioners interest for the belated payment of terminal benefits, namely P.F and Gratuity, Earned Leave salary and to pay difference amount in Gratuity and to pay wages towards the Earned Leave surrendered by the petitioners, together with interest at the rate of 12% for all above benefits, within a specified time frame fixed by this Court.
2. The facts and circumstances and the issues involved in all the writ petitions are one and the same. Hence, this Court passes the common order.
3. Heard the learned Counsel appearing for the petitioners and the learned Counsel appearing for the respondent.
4. The petitioners were working as Conductor/ Senior Tradesman/ Senior Assistant under the respondent Transport Corporation and they retired from service on attaining the age of superannuation during the year 2018, 2019, 2020. But, the respondent Corporation has settled the retirement benefits to the petitioners belatedly, without any interest. Further, the respondents have not paid the difference amount in Gratuity and also the amount towards the enchashment of Earned Leave surrendered by the petitioners. Hence, they made their individual representations, but the respondents neither given reply nor settled the amount. Hence, the writ petitions have been filed.
5. The learned Standing Counsel appearing for the respondent fairly accepted the fact that the respondent Corporation have settled the retirement benefits to the petitioners belatedly. However, as per the earlier orders passed by this court in similar matters, the petitioners are entitled for interest only at the rate of 4% per annum for the belated payment of
retirement benefits. He further submitted that, as far as the representation with regard to the payment of difference in Gratuity and the payment towards encashment of Earned Leave is concerned, the same will be considered by the authorities concerned and appropriate orders will be passed.
6. In view of the above submissions and with the consent of both parties, it is ordered as follows.
i) The respondent is directed to pay penal interest to the petitioners at the rate of 4% per annum for the belated payment of retirement benefits, within a period of twelve weeks from the date of receipt of a copy of this order, subject to the condition that if the petitioners have not already given up their right for claiming interest for the retirement benefits. It is also made clear that in default, the respondentCorporation shall have to pay the interest amount at the rate of 6% per annum to the petitioners.
ii) In so far as the payment for difference in Gratuity and the payment towards encashment of Earned Leave is concerned, the respondent is directed to consider the representations of the petitioners and to pass orders, on its own merits, in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
7. With the above directions, the writ petitions are disposed of at the admission stage itself. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mst To The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., No.37, Mettupalayam Road, Coimbatore - 641 043.
+3cc to Mr.A.Sundaravadhanan, Advocate, S.R.No.29091,29092,29101 +3cc to Mr.V.Ajoy Khose, Advocate, S.R.No.29289,29291,29290 W.P.Nos.10259, 10260 & 10263 of 2022 KV(CO) CT 01/06/2022