S.Ashok Kumar, v. The Controlling Authority And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 30.08.2017
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.23353 of 2017 S. Ashok Kumar ..Petitioner Vs.
1. The Controlling Authority and Assistant Commissioner of Labour, Salem
2. The Management, Tamil Nadu State Transport Corporation (Coimbatore) Ltd, Chennimalai Road, Erode Region, Erode.
Rep by its General Manager ..Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the 2nd respondent to implement the order dated 20.02.2017 passed by the 1st respondent in PG.No.275/2017 and to pay the balance Gratuity amount and the accrued interest for Rs.5,79,102/- at the rate of 10% from 01.06.2015 till date of payment to the petitioner within stipulated time as may be fixed. For Petitioner : Mr.I.C.Vasudevan For Respondents :Mr.K.Dhananjeyan Special Government Pleader for R1 Mr.P.Kannan Kumar for R2
O R D E R
The writ petitioner served as a Senior Tradesman in Tamilnadu State Transport Corporation Ltd., and retired from service on attaining the age of superannuation on 30.04.2015. He retired as Senior Tradesman and the learned counsel for the writ petitioner states that till today, the accrued interest for the gratuity amount of Rs.5,79,102/- at the rate of 10% per annum with effect from 01.06.2015 was not paid to the writ
petitioner without any valid reasons and that the writ petitioner was allowed to retire from service and his accrued interest for the gratuity amount was not paid till today.
2. The learned Special Government Pleader and the Learned counsel appearing for the 2nd respondent pleads that due to financial crunch they are unable to pay the accrued gratuity amount due to the petitioner.
3. The terminal benefits are right of an employee. A Senior Tradesman who was serving in the Corporation for more than a decade, is entitled for his livelihood. It does not mean a mere life and it includes decent life as ensured under Article 21 of the Constitution of India.
4. The terminal benefits are not bounty and it is a deferred portion of wages for the services rendered by an employee. Hence, non payment of terminal benefits to the employees without any valid reason, is no doubt, a violation of right to Life enshrined under Article 21 of the Constitution of India. The State being a model employer, has to settle the benefits to its employees and immediately after their retirement and it is the duty mandated on the part of the State to settle the terminal benefits. Therefore, this Court is of the view that batch of writ petitions are filed before this Court seeking direction to pay terminal benefits and the attitude of the respondents driving the retired employees to approach this Court under Article 226 of the Constitution of India, is deprecated.
5.In view of the above, this Court is inclined to follow earlier directions granted by this Court and by following the terms stated therein. Accordingly, the Writ Petition stands disposed of and the respondents are directed to disburse the aforementioned retiral benefit to the petitioner herein, in six equal monthly instalments with effect from November 2017, in the light of the common judgment passed by this Court in W.A.(MD) Nos.383 to 457 of 2015 (K.Rajendran and others Vs. The Tamil Nadu State Transport Corporation, Madurai Limited rep. by its Managing Director, Madurai and others) dated 12.06.2015. It is also made clear that the first instalment shall commence from August 2017. No costs.
-s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar rpl
To 1.The Controlling Authority and Assistant Commissioner of Labour, Salem 2.The General Manager Tamil Nadu State Transport Corporation (Coimbatore) Ltd, Chennimalai Road, Erode Region, Erode.
+1 CC to Mr.P. Kannan Kumar, Advocate sr 63637 +1 Cc to The Govt. Pleader sr 63059.
W.P.No.23353 of 2017 RJ(CO) sp(20/09/2017)