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Madras High CourtWP/13311/2023disposed of

G.Dennis Nelson v. The Managing Director

2023-04-27Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2023

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.13311 of 2023 G. Dennis Nelson

...Petitioner

Vs The Managing Director, Metropolitan Transport Corporation ( Chennai ) Ltd, 2, Pallavan Illam, Anna Salai, Chennai 600 002.

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to pay interest @ 10% towards for the belated payment of Provident Fund and Gratuity amount to the petitioner and to pass orders. For Petitioner : Mr.S. T. Varadarajalu For Respondent : Mrs.S. Pavithra Standing Counsel 1/4

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

2. The petitioner has filed this writ petition seeking a direction to the respondents to pay interest 10% interest towards the belated payment of Provident Fund and Gratuity amount to the petitioner.

3. The case of the petitioner is that the he is an retired employee from the Respondent Corporation. The grievance of the petitioner is that the provident Fund was settled belatedly on 12.04.2023 whereas the petitioner was retired on 30.06.2019. Therefore, the petitioner gave a representation to the respondent requesting to pay the interest at the rate of 10% p.a for the belated payment. However, no action has been taken by the respondent till date. Hence this petition. 4.The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondent to consider the petitioner's representation and pass orders.

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5. The learned Standing Counsel appearing for the respondents submits that the representation of the petitioner will be considered on merits and in accordance with law.

6. Considering the facts of the case, this Court directs the respondents to consider the representation of the petitioner and to pay the interest at the rate of 6% for the belated payment and pass orders within a period of eight weeks from the date of receipt of a copy of this Order, if there is no legal impediment. This writ petition is disposed of in the above terms. No costs.

27.04.2023 Index:Yes/No Speaking order/Non-speaking order smn To The Managing Director, Metropolitan Transport Corporation ( Chennai ) Ltd,2, Pallavan Illam, Anna Salai, Chennai 600 002.

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V.BHAVANI SUBBAROYAN,J.

smn W.P.No.13311 of 2023 27.04.2023 4/4