V.R.Saravanan v. The Superintending Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Monday, the Sixteenth day of April Two Thousand Eighteen PRESENT THE HON`BLE MR JUSTICE M.M.SUNDRESH WMP NOS.1218 TO 1222 OF 2018 IN WP.NOS.29094 TO 29098 OF 2015 V.R.SARAVANAN [PETITIONER IN WMP.1218/18 IN WP.22094/15] J.SENTHILVELAN [PETITIONER IN WMP.1219/18 IN WP.22095/15] A.GOPALAKRISHNAN [PETITIONER IN WMP.1220/18 IN WP.22096/15] RAJININATH [PETITIONER IN WMP.1221/18 IN WP.22097/15] R.ALAGIRI [PETITIONER IN WMP.1222/18 IN WP.

22098/15] Vs 1 THE SUPERINTENDING ENGINEER [RESPONDENTS IN ALL THE PETITIONS] TANGEDCO, TIRUVANNAMALAI 2 THE PRESIDING OFFICER LABOUR COURT, VELLORE, VELLORE DISTRICT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to clarify that we are entitled to the interest accrued in the amount ordered to be withdrawn by this Honble Court in MP No.1/2015 in WP No.29094 / 2015 dated 28.04.2017 (in WMP.1218/18) in WP.No.29094/15) (ii) clarify that we are entitled to the interest accrued in the amount ordered to be withdrawn by this Honble Court in MP No.1/2015 in WP No.29095/2015 (in WMP.1219/18) in WP.No.29095/15) (iii) clarify that we are entitled to the interest accrued in the amount ordered to be withdrawn by this Honble Court in MP No.1/2015 in WP No.

29096/2015 dated 28.04.2017(in WMP.1220/18) in WP.No.

(iv) clarify that we are entitled to the interest accrued in the amount ordered to be withdrawn by this Honble Court in MP No.1/2015 in WP No.29097/2015 dated 28.04.2017(in WMP.1221/18) in WP.No.29097/15)and;

(v) clarify that we are entitled to the interest accrued in the amount ordered to be withdrawn by this Honble Court in MP No.1/2015 in WP No.29098/2015 dated 28.04.2017(in WMP.1222/18) in WP.No.29098/15)respectively.

Order : These petitions coming on for orders upon perusing the petitions and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.N.SURESH Advocate for the petitioner in each petitions the court made the following order:- These petitions have been filed seeking to clarify that the petitioner is entitled to the interest accrued on the amount ordered to be withdrawn by this Court by order dated 28.04.2017 passed in M.P.Nos.1 to 1 of 2015 in W.P.Nos.29094 to 29098 of 2015.

2. The learned counsel appearing for the petitioner would submit that though the order has been complied with, the interest component as agreed has not been paid.

3. The learned counsel appearing for the first respondent does not dispute the factum of interest accrued.

4. It is needless to state that when the principal amount is directed to be withdrawn, it includes the interest component as well. In such view of the matter, these petitions stand allowed. Consequently, the petitioner is entitled to interest accrued. -sd/- 16/04/2018 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE SUPERINTENDING ENGINEER TANGEDCO, TIRUVANNAMALAI 2 THE PRESIDING OFFICER LABOUR COURT, VELLORE, VELLORE DISTRICT

C.C. to M/S.N.SURESH Advocate SR.No.4715 The Government Advocate, High Court, Madras - 104. Order in WMP NOS.1218 TO 1222 OF 2018 IN WP.NOS.29094 TO 29098 OF 2015 Date :16/04/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SDR 19.04.2018