M.Natarajan v. Tamil Nadu State Transport
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.Nos.18942, 18945, 18947, 18951, 18955, 18959, 18964 & 18968 of 2021 (Through Video Conferencing) 1.M.Natarajan
...Petitioner in W.P.No.18942 of 2021
2.S.Gopalakrishnan
...Petitioner in W.P.No.18945 of 2021
3.R.Rajamani
...Petitioner in W.P.No.18947 of 2021
4.P.Nataraj
...Petitioner in W.P.No.18951 of 2021
5.G.Jeyakumar
...Petitioner in W.P.No.18955 of 2021
6.D.Karunakaran
...Petitioner in W.P.No.18959 of 2021
7.A.Sivaraj
...Petitioner in W.P.No.18964 of 2021
8.T.Moses
...Petitioner in W.P.No.18968 of 2021
Vs Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Rep. by its Managing Director, Mettupalayam Road, Coimbatore 641 003.
... Respondents in all W.Ps Common Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the Respondent to pay the petitioner interest at the rate of 6% per annum for the belated payment of the petitioner PF, gratuity and earned leave salary.
For Petitioners :
Mr.R.Krishnaswamy (In all W.Ps) For Respondent :
Mr.A.Sundaravadhanam (In all W.Ps) COMMON ORDER Though these writ petitions have been filed for a Mandamus, to direct the respondents to pay the petitioners interest at the rate of 6% per annum for the belated payment of the petitioners P.F, gratuity and earned leave salary, in terms of the decision of this Court in W.P.No.15886 of 2020 vide order dated 19.01.2021, it is noticed that this view has been subsequently modified in W.P.No.506 of 2021 vide order dated 24.03.2021 https://hcservices.ecourts.gov.in/hcservices/
considering the constraints of the State Finance due out break of Covid-19 Pandemic with the following observations:- "(i) Respondent/Transport Corporation is directed to pay interest @ 4% per annum to the Petitioner for the belated payment of gratuity, leave salary and communication of pension amount that are yet to be settled, in six equal monthly instalments, commencing 01.04.2021.
(ii) In case of delay in making instalments within the time stipulated supra, with reference to the judgment of the Division Bench of this Court (supra), interest payable for the period of delay shall be at 6% per annum."
2.In view of the same, I am inclined to dispose these writ petitions by directing the respondents to pay interest at the rate of 4% per annum to the petitioners for the belated payment of P.F, gratuity etc., within a period of six months in six equated monthly instalments. These Writ Petitions stand disposed of with the above observations. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar jas To The Managing Director, The Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Mettupalayam Road, Coimbatore.
+1cc to M/s.V.Ajoy Khose, Advocate Sr No.45379 W.P.Nos.18942, 18945, 18947, 18951, 18955, 18959, 18964 & 18968 of 2021 VSNII (CO) PR (12/10/2021) https://hcservices.ecourts.gov.in/hcservices/