V.Arumugam v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.28864 of 2015 V.Arumugam ... Petitioner Vs.

1 The Managing Director Metropolitan Transport Corporation Anna Salai Pallavan Illam Chennai 2 2 The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Pallavan Salai Chennai 2 ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to pay pension to the petitioner from March 2014 and Gratuity, P.F and other terminal benefits.

For Petitioner : Mr.S.T.Varadarajulu For Respondents : Mr.P.Paramasivadoss

O R D E R

By consent, the writ petition is taken up for final disposal. 2.The petitioner while working as Driver in the services of the respondent Corporation, was removed from service vide proceedings dated 03.12.2007 and according to him no approval petition has been filed and since he has not been paid with any backwages, he filed C.P.No.136 of 2014 on the file of the II Additional Labour Court, Chennai by invoking Section 33 (C) 2 of the Industrial Disputes Act and the same is pending adjudication. The petitioner also submitted a representation dated 07.08.2014 to the respondents praying for disbursement of gratuity and provident fund amount and since no orders have been passed, came forward to file this writ petition. 3.Heard the submissions of Mr.S.T.Varadarajulu, learned counsel appearing for the petitioner and Mr.P.Paramasivadoss, learned counsel who accepts notice on behalf of the respondents. https://hcservices.ecourts.gov.in/hcservices/

4.Though the petitioner prayed for a larger relief, this Court without going into the merits of the claim projected by the petitioner permits the petitioner to submit one more representation to the respondents 1 and 2 by enclosing a copy of this order as well as the earlier representation dated 07.08.2014 within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the respondents 1 and 2 are directed to consider and dispose of the same on merits and in accordance with law and pass orders within a period of six weeks thereafter and communicate the decision taken, to the petitioner.

5.The writ petition is disposed of accordingly. No costs. pri s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To 1 The Managing Director Metropolitan Transport Corporation Anna Salai Pallavan Illam Chennai 2 2 The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Pallavan Salai Chennai 2 + 1 cc to Mr.S.T.Varadarajalu, Advocate SR 50131 + 1 cc to Mr.P.Paramasivadoss, Advocate SR 50143 ak(co) prk1/10 W.P.No.28864 of 2015 https://hcservices.ecourts.gov.in/hcservices/