S.Settu v. The Controlling Authority
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :19.07.2017
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P. No.17772 of 2017 S.Settu ... Petitioner .Vs.
1. The Controlling Authority and Assistant Commissioner of Labour, Salem.
2. The Management, Tamilnadu State Transport Corporation (Coimbatore)Ltd, Chennimalai Road, Erode Region, Erode.
Rep. by its General Manager
...Respondents
Prayer : Petition filed Under Article 226 of the Constitution of India to issue of Writ of Mandamus, directing the 2nd respondent to pay the balance award amount and the accrued interest for the gratuity amount of Rs.4,47,994/- at the rate of 10% per annum from 31.05.2013 till date of payment to the petitioner as per the award dated 20.02.2017 passed in PG.No.208/2016 by the 1st respondent within stipulated time as may be fixed by this Court.
For Petitioner : Mr.I.C.Vasudevan For Respondents: Mr.M.Perumal Special Government Pleader for R1 Mr.P.Kannan Kumar Special Government Pleader for R2
O R D E R
The writ petitioner served as a Special Grade Conductor in Tamilnadu State Transport Corporation (Coimbatore) Ltd., and retired from service on attaining the age of superannuation on 31.04.2013. He retired as conductor and the learned counsel for the writ petitioner states that till today, the accrued interest for the gratuity amount of Rs.4,47,994/- at the rate of 10% per
annum with effect from 31.05.2013 was not paid to the writ petitioner without any valid reasons and that the writ petitioner was allowed to retire from service and his accrued interest for the gratuity amount was not paid till today.
2. The learned Special Government Pleader and the Learned counsel appearing for the 2nd respondent pleads that due to financial crunch they are unable to pay the accrued gratuity amount due to the petitioner.
3.The terminal benefits are right of an employee. A Conductor who was serving in the Corporation for more than two decades, is entitled for his livelihood. It does not mean a mere life and it includes decent life as ensured under Article 21 of the Constitution of India.
4.The terminal benefits are not bounty and it is a deferred portion of wages for the services rendered by an employee. Hence,non payment of terminal benefits to the employees without any valid reason, is no doubt, a violation of right to Life enshrined under Article 21 of the Constitution of India. The state being a model employer, has to settle the benefits to its employees and immediately after their retirement and it is the duty mandated on the part of the State to settle the terminal benefits. Therefore, this Court is of the view that batch of writ petitions are filed before this Court seeking direction to pay terminal benefits and the attitude of the respondents driving the retired employees to approach this Court under Article 226 of the Constitution of India, is deprecated.
5. In view of the above, this Court is inclined to follow earlier directions granted by this Court by following the terms stated therein. Accordingly, the Writ Petition stands disposed of and the respondents are directed to disburse the aforementioned retiral benefit to the petitioner herein, in six equal monthly instalments with effect from August 2017, in the light of the common judgment passed by this Court in W.A.(MD) Nos.383 to 457 of 2015 (K.Rajendran and others Vs. The Tamil Nadu State Transport Corporation, Madurai Limited rep, by its Managing Director, Madurai and others) dated 12.06.2015. It is also made clear that the first installment shall commence from August 2017. No Costs.
-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar smn/kas
To.
1. The Controlling Authority and Assistant Commissioner of Labour, Salem.
2. The General Manager, Tamilnadu State Transport Corporation (Coimbatore)Ltd, Chennimalai Road, Erode Region, Erode.
+1 CC to Ms. I.C. Vasudevan, Advocate sr 50479 +1 CC to The Govt. Pleader sr 50984.
W.P.No.17772 of 2017 CP(CO) sp(08/08/2017)