Muruganantham, (13407) v. Tamil Nadu Transport Corporation (Coimbatore) Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-03-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA Muruganantham, (13407) S/o.Sundaram ..Petitioner(s) Vs Tamil Nadu Transport corporation (Coimbatore) Ltd., Rep by its The Managing Director No.37 Mettupalayam Road Coimbatore 43.
..Respondent(s) This writ petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondent to pay him the arrears of difference in Gratuity, to pay him arrears of difference in Earned Leave Salary and to pay him arrears of difference in wages from 01.09.2023 to the date of his retirement as per the 12(3) settlement as admitted by the Respondent in their RTI reply, together with interest at the rate of 12 %per annum within a specified time as may be fixed by this Honourable court. For Petitioner(s):
Mr. R.Krishnasamy For Respondent(s):
M/s.Kavya, Standing Counsel,
ORDER
This writ petition has been filed seeking issuance of a writ of mandamus directing the respondent to pay the arrears arising out of the difference in gratuity, arrears of earned leave salary and arrears of difference in wages from 01.09.2023 till the date of the retirement, in terms of the settlement under Section 12(3) of the Industrial Disputes Act.
2. The case of the petitioner is that he joined the respondent Corporation as a conductor on 16.09.1987 and retired from service as Special Grade Conductor on attaining the age of superannuation on 31.05.2024. A settlement under Section 12(3) of the Industrial Disputes Act was entered into on 29.05.2025 with effect from 01.09.2023, whereby the scale of pay and grade pay applicable to the post of Special Grade Driver were revised and fitted into the pay matrix and a 5% increase in basic pay was granted. Accordingly, the petitioner is entitled to the revised basic pay with effect from 01.09.2023. However, the respondent has not paid the consequential arrears arising out of such revision, including the difference in gratuity and earned leave encashment. In this regard, the petitioner made a representation dated 05.02.2026 requesting payment of the differential amounts along with interest. However, the same has not been considered by the respondent till date. Hence, the petitioner is before this Court.
3. Heard the learned Counsel on either side and perused the materials available on records.
4. Considering the limited request of the petitioner and taking note of the fact that the petitioner's representation has not been considered to date by the respondent, a mandamus, is therefore, issued to the respondent to pay the eligible differential sum of Gratuity and Leave Encashment benefits to the petitioner based on the Grade Pay revised with effect from 01.09.2023 as claimed for, from the said date of entitlement till the date of actual disbursement, along with 6% interest if any, within a period of four weeks from the date of receipt of a copy of this order.
5. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.
26-03-2026 Index: Yes/No 3/4 Speaking/Non-speaking order MRP To Tamil nadu Transport corporation (Coimbatore) Ltd., Rep by its The Managing Director No.37 Mettupalayam Road Coimbatore 43.
P.T.ASHA, J.
MRP 3/4 26-03-2026