Managing Director v. R Gunasekaran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH THE HONOURABLE MR. JUSTICE R.SAKTHIVEL W.A.
No s . 2403, 2404, 2153, 2154 and 2163 of 202 and C.M.P.No s . 26538, 18352, 16340, 16339, 18358, 16435 of 2025 Managing Director Tamil Nadu State Transport Corporation (VPM) Ltd., 3/137, Salamedu, Valuthareddy Post Villupuram 605 602 ... Appellant in all W.As.
Vs.
1.R.Gunasekaran, Special Grade Driver ... 1 st Respondent in WA.2403/2025 1.G.Soundrarajan, Special Grade Conductor ... 1 st Respondent in WA.2154/2025 1.J.Ravichandran, Special Grade Conductor ... 1 st Respondent in WA.2153/2025
1.M.Venu, Special Grade Driver ... 1 st Respondent in WA.2404/2025 1.G.Jagadeesan ... 1 st Respondent in WA.2163/2025 2.Administrator Tamil Nadu State Transport Corporation Pension Fund Trust Thiruvalluvar House Pallavan Salai Chennai ... 2 nd Respondent in all W.As Common Prayer : Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order dated 29.10.2024 in W.P.Nos.23160, 23131, 23271, 23133 and 21305 of 2024.
For Appellant : M/s.S.Pavithra in all W.A.
For Respondents : Mr.V.S.Jagadeesan - R1 in all W.A.
COMMON
JUDGMENT
M.S.RAMESH, J.
R.SAKTHIVEL, J.
The payment of the monitory benefits, including the pensionary benefits to the retired employees, is governed by the settlement arrived between the Management and the workmen under Section 12(3) of the Industrial Disputes Act, 1947. As per the terms of the 13 th wage settlement dated 04.01.2018, such monitory benefits to the employees, including the pensioners, would be entitled to the benefits of the pay revisions with effect from 01.09.2016. However, the payment of the arrears of such monitory benefits will commence only from 01.09.2017, which is specifically recorded in clause 45 (b) of the 12(3) settlement. 2.The Labour Court, however, while computing the claim of the retired employees, had not referred to clause 45, which specifically restricts the payment of the arrears from 01.09.2017. So also, it was not
brought to the notice of the learned Single Judge with regard to the entitlement of the employees / respondents herein of their arrears from 01.09.2017 only and not prior to that. When both parties have specifically arrived at a settlement and it has been recorded under Section 12(3) of the settlement, making any claim contrary to the terms of settlement would be impermissible.
3.In light of these findings, both the order passed by the Labour Court in the computation petitions, as well as the order of the learned Single Judge, are set aside. All the Writ Appeals are allowed. We hereby clarify that the setting aside of these orders would relate only to the claim of the arrears of the monitory benefits of the respondents herein. M.S.RAMESH, J.
R.SAKTHIVEL, J.
kas
However, all other monitory benefits, shall be disbursed to the private respondents herein, together with 6% interest within a period of four (4) weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petitions are closed. [M.S.R, J.] [R.S.V, J.] 24.11.2025 kas Index: Yes / No Speaking / Non Speaking To.
Administrator Tamil Nadu State Transport Corporation Pension Fund Trust Thiruvalluvar House Pallavan Salai Chennai
W.A.
No s . 2403, 2404, 2153, 2154 and 2163 of 202 and C.M.P.No s . 26538, 18352, 16340, 16339, 18358, 16435 of 2025