V.Somasundaram (Staff No. 6016) v. Tamilnadu State Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY V. Somasundaram ... Petitioner

Versus

Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Rep.by its Managing Director Mettupalayam Road, Coimbatore 641 043.

...

Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the respondent to pay the petitioner interest for the belated payment of P.F, Earned Leave Salary, Gratuity and wages towards 60 days of earned leave surrendered by him while he was in service and to pay a sum of Rs.13,704/- towards difference in wages, together with interest at the rate of 12% per annum within a specified time as may be fixed by this Court.

For Petitioner : Mr.R.Krishnaswamy For Respondent : Mr.C.Gowthamaraj Standing Counsel

ORDER

This Writ Petition is filed seeking for a Writ of Mandamus directing the respondent to pay interest for the belated payment of Provident Fund, Earned Leave Salary and Gratuity at the rate of 12% per annum to the petitioner within a specified time as may be fixed by this Court.

2. Mr.C.Gauthamaraj, learned counsel for TNSTC (Coimbatore) takes notice on behalf of the respondents.

3. When the matter came up for hearing, Mr.C.Gauthamaraj, learned counsel for TNSTC (Coimbatore) appearing on behalf of the respondent would submit that the respondent Corporation would settle the dues as also the interest within such reasonable time as may be prescribed by this Court.

4. It is also brought to the notice of this Court by the learned counsel on either side that in all the similar matters, interest at the rate of 6% has been ordered by this Court.

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

1) The respondent is directed to pay him wages towards 60 days of earned leave surrendered by him while he was in service and to pay a sum of Rs.13,704/- towards difference in wages, if he is eligible as per the Rules within a period of twelve (12) weeks from the date of receipt of a copy of this order with interest at the rate of 6% per annum from the date it became due till the date of disbursement;

2) The respondent shall also pay interest at the rate of 6% per annum for the belated payment in respect of the terminal benefits already paid to the petitioner from the date on which the amount became due till date of disbursement;

3) If the amounts are not paid within a period of twelve (12) weeks from the date of receipt of a copy of this order, thereafter, the interest shall be calculated at the rate of 12% per annum from the date the amounts became due till the date of disbursement;

4) No costs.

03.06.2024 (2/6) : yes/no dpq To The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Mettupalayam Road, Coimbatore - 641 043.

D.BHARATHA CHAKRAVARTHY, J.

dpq (2/6) 03.06.2024