V.T.Maheshkumar, v. The Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.09.2023

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN V.T.Maheshkumar ... Petitioner in WP.No.33604/2016 M.Natesan ... Petitioner in WP.No.33605/2016 R.Mathialagan ... Petitioner in WP.No.33606/2016 T.Ranganathan ... Petitioner in WP.No.33607/2016 V.Muthusamy ... Petitioner in WP.No.33608/2016 A.Palanivel ... Petitioner in WP.No.33609/2016 S.Vaithi ... Petitioner in WP.No.33610/2016

Versus

1.The Managing Director Tamil Nadu State Transport Corporation [Salem] Limited No.12, Ramakrishna Road Salem 636 007.

2.The Administrator, Tamil Nadu State Transport Corporation [Salem] Limited Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House, Pallavan Salai Chennai 600 002.

... Respondents in all the Writ Petitions Common Prayer : - Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to pay all the monetary benefits entitle to the petitioners pursuant to the 12th Wage Settlement dated 13.04.2015 entered between the employees and the Management of the 1st respondent Corporation under Section 12[3] of the Industrial Disputes Act, 1947, with interest at 12% per annum within the time to be stipulated by this Court. For Petitioners in all Writ Petitions :

Mr. A.Selvaraju For Respondents in all Writ Petitions :

Mr.R.Babu, Standing Counsel

COMMON ORDER (1) The relief sought in all the writ petitions are the same, namely, a mandamus seeking a direction to the respondents, particularly, the 1st respondent, Managing Director, Tamil Nadu State Transport Corporation [Salem] Limited, to pay monetary benefits which are entitled to the petitioners herein pursuant to the 12th Wage Settlement dated 13.04.2015 entered into between the employees and the Management of the 1st respondent under Section 12[3] of the Industrial Disputes Act, 1947, together with interest at 12% per annum.

(2) Let me take as an illustration, the affidavit filed in support of the writ petition in WP.No.33604/2016. The petitioner in WP.No.33604/2016 had joined as Record Clerk and was finally promoted as Senior Assistant and retired on 31.01.2019. He had stated that a Wage Settlement had been reached between the employees and the 1st respondent / Management under Section 12[3] of the Industrial Disputes Act, 1947 on 13.04.2015. It was stated that the settlement was with retrospective effect from 01.09.2013. The petitioner had

retired after that particular date. However, he claims that he is entitled to some benefits up to 01.09.2013. In view of that, the writ petitions have been filed in the nature of a mandamus seeking disbursement of the entitlement.

(3) The learned Standing counsel for the respondents had forwarded the instructions giving details of the amount which had already been paid to the petitioners herein, but stating that the amounts under the Settlement under Section 12[3] of the Industrial Disputes Act, 1947, which are yet to be paid. The amounts which are to be paid, are as follows:- WP.No.

Name of the Petitioner Amount to be paid in Rs.

33604/2016 V.T.Maheshkumar 5,079/- 33605/2016 M.Natesan 9,559/- 33606/2016 R.Mathialagan 9,241/- 33607/2016 T.Ranganathan 8,873/- 33608/2016 V.Muthusamy 10,547/- 33609/2016 A.Palanivel 9,147/- 33610/2016 S.Vaithi 9,948/- (4) It is stated by the learned Standing counsel for the respondents that

after getting necessary approval from the Government, the said amounts will be paid to the petitioners herein. (5) Recording the said statement, the writ petitions stand closed. The respondents may endeavour to get necessary orders for payment of the said amounts at least within a period of six months from the date of receipt of a copy of this order. No costs. 19.09.2023 AP Internet : Yes To 1.The Managing Director Tamil Nadu State Transport Corporation [Salem] Limited No.12, Ramakrishna Road Salem 636 007.

2.The Administrator, Tamil Nadu State Transport Corporation [Salem] Limited Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House, Pallavan Salai Chennai 600 002.

C.V.KARTHIKEYAN, J., AP 19.09.2023