N.Manoharan v. The Management Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.10224 of 2024 N.Manoharan ... Petitioner Vs.

The Management of Tamil Nadu State Transport Corporation (Kovai) Ltd., Rep. by its Managing Director, Coimbatore.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondent to pay the petitioner interest at the rate of 18% per annum, for the period of delay from 01.02.2020 to 01.06.2021, in paying the amounts paid towards his terminal benefits namely EPF Employee's contribution, Gratuity and Encashment of leaves within a time frame as may be fixed by this Court.

For Petitioner :

Mr.V.Ajoy Khose For Respondent :

Mr.C.Gouthamaraj Standing Counsel 1/4

ORDER

This writ petition is filed seeking for a writ of mandamus directing the respondent to pay the petitioner interest at the rate of 18% per annum, for the period of delay from 01.02.2020 to 01.06.2021, in paying the amounts paid towards his terminal benefits namely EPF Employee's contribution, Gratuity and Encashment of leaves within a time frame as may be fixed by this Court.

2. Mr.C.Gouthamaraj, learned Standing Counsel takes notice for the respondent. He would submit that the eligible amount will be paid to the petitioner within a reasonable time as may be fixed by this Court.

3. Learned counsel for the petitioner submitted that, in all the connected matters, this Court has consistently allowed the payment with interest at the rate of 6% per annum.

4. In that view of the matter, this writ petition is disposed of on the following terms:

1) The respondent is directed to calculate interest at the rate of 6% per annum for the period of delay from 01.02.2020 to 01.06.2021 2/4

in paying the amounts towards the petitioner's terminal benefits such as EPF, gratuity and encashment of leave and pay the same within a period of twelve (12) weeks from the date of receipt of the copy of this order.

2) If the amount is not paid within a period of twelve (12) weeks, thereafter, the interest shall be calculated at the rate of 12% per annum from the date on which the amounts became due, till the date of disbursement.

3) No costs.

15.04.2024 Index: Yes/No Speaking Order: Yes/No mp 3/4

D.BHARATHA CHAKRAVARTHY, J.

mp To The Management of Tamil Nadu State Transport Corporation (Kovai) Ltd., Rep. by its Managing Director, Coimbatore.

15.04.2024 4/4