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Madras High CourtWP/14265/2022disposed of

Nachimuthu R v. Tamil Nadu State Transport Corporation

2022-06-08Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.NO.14265 OF 2022 R.Nachimuthu ... Petitioner .Vs.

The Tamil Nadu State Transport Corporation (Coimbatore) Limited, Rep. by its Managing Director, No.37, Mettupalayam Salai, Coimbatore - 641 043.

... Respondent PRAYER:- Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondent to pay the petitioner Rs.25,809/- payable towards encashment of 45 days of earned Leave, surrendered by the petitioner in the years before his retirement, as admitted by the respondent in their RTI reply, based on the monthly wages of the respective months of surrender of those earned leave together with 18% interest p.a. from the respective due dates or based on monthly wages payable to him in the month of the petitioner's retirement, together with 18% interest from the date of his retirement, within a time frame as fixed by this court.

For Petitioner : Mr.R.Krishnaswamy For Respondents : Mr.A.Sundaravadhanan Standing Counsel

ORDER

By consent of counsels to both the parties, this writ petition is disposed of today at the admission stage itself.

2. This writ petition has been filed to issue a Writ of Mandamus, directing the respondent to pay the amount for

encashment of Earned Leave, surrendered by the petitioner, with interest.

3. The case of the petitioner in brief:

The petitioner was working as a Conductor in the respondent Corporation and he retired from service on superannuation on 31.01.2012. As per Section 12(3) of the Industrial Dispute Act, 1947, every workman can surrender 15 days of earned leaves, once in every calendar year and get encashment for the same. Before retirement, the petitioner surrendered 45 days of Earned Leave for encashment. But the respondent did not pay the amount, citing financial crisis. Though the respondent agreed under RTI Act that they are liable to pay the amount for encashment of 45 days Earned Leave, they did not come forward to pay the amount that too after passing of ten years from the date of retirement. In this regard, the petitioner made a representation to the respondent. However, it was not considered. Hence this writ petition.

4. The learned counsel appearing for the petitioner submitted that the petitioner has sent a representation to pay the amount towards encashment of Earned Leave, surrendered by the petitioner with interest. However, the respondent have not paid the amount. Hence, the respondent may be directed to pay the amount with interest.

5. The learned counsel appearing for the respondent Corporation fairly submitted that due to financial crisis, the respondent has not paid the amount for encashment of Earned Leave, surrendered by the petitioner. He further submitted that, the petitioner is entitled for interest only at the rate of 4% p.a. for the belated payment.

6. It is stated by the petitioner that the respondent Corporation have accepted that they have to pay a sum of Rs.25,809/- to the petitioner, towards the encahsment of Earned Leave surrendered by him, vide reply dated 12.07.2021, under RTI Act. Further, it is stated by the petitioner that he made a representation to the respondent to pay the above said amount. Though a perusal of the records shows that there is no material attached in the typed set of papers to substantiate the above said facts, copy of the reply under RTI Act and the representation dated 08.02.2022 have been placed before this court.

7. Inview of the above and with the consent of both the parties, this court is inclined to pass following order.

i) The petitioner is directed to place the copy of the representation and the reply under RTI Act along with the copy of this order to the respondent, within a period of two weeks from the date of receipt of a copy of this order. ii) The respondent is directed to pay the amount for encashment of Earned Leave, surrendered by the petitioner, with penal interest at the rate of 4% per annum, within a period of twelve weeks from the date of receipt of the representation. iii) It is also made clear that in default to pay the amount within the above said period, the respondent-Corporation shall have to pay the interest amount at the rate of 6% per annum to the petitioner.

7. With the above directions, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar mst To The Managing Director, The Tamil Nadu State Transport Corporation (Coimbatore) Limited, No.37, Mettupalayam Salai, Coimbatore - 641 043.

+1cc to Mr.A.Sundaravadhanan, Advocate, S.R.No.33200 +1cc to Mr.V.Ajoy Khose, Advocate, S.R.No.32930 W.P.NOS.14265 OF 2022 RGN(CO) PBS/29/06/2022