P.Velusamy 93 Dr 1016598 v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.01.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN P.Velusamy
...Petitioner
-Vs -
1. The Managing Director, Tamil Nadu State Transport Corporation (Covai) Limited, 37, Mettupalayam Salai, Coimbatore - 641043.
2. Tamilnadu State Transport Corporation Employees Pension Trust, Rep. by its Administration, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 - 2 to pay the petitioner revised monthly pension and gratuity by counting and calculating his entire service including the period from 11.04.2000 to 04.01.2007 as eligible for pension; to settle him all the remaining terminal benefits such as PF, Earned Leave Salary, the amounts payable under the Social Security Scheme and Family Benefits Fund Scheme and IRT contribution and to pay the petitioner a salary for the period from
02.01.2006 to 03.01.2007, together with interest, within a specified time as may be fixed by this Court.
For Petitioner : Mr.V.Ajoy Khose For Respondents For R1 : Mr.A.Sundaravadhanan Standing Counsel For R2 : Mr.C.S.K.Sathish
ORDER
The writ petition has been filed for direction to direct the respondents to pay the petitioner revised monthly pension and gratuity by counting and calculating his entire service including the period from 11.04.2000 to 04.01.2007 as eligible for pension and to settle him all the remaining terminal benefits.
2.
The petitioner had joined in the service of the first respondent corporation as a Driver on 06.10.1993. While being so, the petitioner was dismissed from service by an order dated 14.04.2000. Therefore, he raised Industrial Dispute in I.D.No.53 of 2001 and the Labour Court, Coimbatore, by an order dated 02.01.2006, allowed the ID and directed to reinstate the petitioner with continuity of service without backwages.
3.
Accordingly, the petitioner was reinstated into service on 04.01.2007. However, the petitioner was not paid back wages from the date of award to the date of reinstatement viz., from 02.01.2006 to 03.01.2007. Thereafter, he was allowed to retire from service under Voluntary Retirement Scheme by an order dated 29.01.2021, after completion of 27 years 3 months and 26 days of service. However the respondents had counted his service as 19 years as eligible service for pension and excluding his non-employment period from 11.04.2000 to 04.01.2007. Hence, the petitioner filed this present writ petition with the above said prayer.
3.
Heard the learned counsel appearing on either side and perused the materials placed before this Court. 4.
On perusal of the award passed by the Labour Court, Coimbatore, the petitioner was directed to reinstate into service with continuity of service, without any back wages and other attendant benefits. Therefore, the period of non-employment shall be taken as
eligible service as pensionable service and gratuity. Hence, the respondents are directed to take into account the period from 11.04.2000 to 04.01.2007 for pensionery benefits and settle the remaining terminal benefits such as PF, Earned Leave Salary etc., to the petitioner with eligible interest within a period of twelve weeks from the date of receipt of a copy of this Order.
5.
With the above directions, the Writ Petition stands allowed. There shall be no orders as to costs.
08.01.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order rts
To
1. The Managing Director, Tamil Nadu State Transport Corporation (Covai) Limited, 37, Mettupalayam Salai, Coimbatore - 641043.
2. The Administration, Tamilnadu State Transport Corporation Employees Pension Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.
G.K.ILANTHIRAIYAN. J, rts 08.01.2024