← Library
Madras High CourtWP/21041/2023disposed of

N.Ramasamy v. The Management Of

2023-07-17Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUIMAR WP.Nos.21041, 21042, 21046, 21048 & 21050 of 2023 W.P.No.21041 of 2023 N.Ramasamy .. Petitioner

Versus

The Management of Tamil Nadu State Transport Corporation (Kovai) Limited Erode Region Rep. by its Managing Director Erode .. Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to pay the petitioner interest to the petitioner at the rate of 18% per annum for the period of delay from 01.05.2022 to 30.05.2023 in paying the amounts paid towards the petitioner's terminal benefits namely EPF Employee's Contribution, Gratuity and Encashment of Earned/Sick Leaves. For Petitioner : Mr.V.Ajoy Khose For Respondent : Mr.A.Vinothraja COMMON ORDER These Writ Petitions have been filed seeking to direct the respondents to disburse the belated payment of interest amount of EPF Employees Contribution, Gratuity and Encashment of Earned/sick and other terminal 1/4

benefits.

2. It is the case of the writ petitioners that they were joined in the respondent Corporation and they had retired from their service. It is the grievance of the writ petitioners that the respondents paid the retirement benefits such as EPF Employees Contribution, Gratuity and Encashment of Earned/sick and other terminal benefits belatedly without any interest. Hence, they made representations requesting the respondents to pay interest at the rate of 18% per annum for EPF Employees Contribution, Gratuity and Encashment of Earned/sick and other terminal benefits and also requested to settle the terminal benefits with interest and the same has not been considered. Hence, these writ petitions.

3. It is the contention of the learned counsel for the petitioners that though certain retirement benefits have been paid and the same have been paid belatedly and still the terminal benefits have not been paid. The retirement benefits have not been paid on time, which is the last source of income to the retired employee.

4. In such view of the matter, the respondent Corporation is directed to 2/4

pay 4% interest per annum for the belated payments of retirement benefits paid to the petitioners and also directed to disburse the unpaid terminal benefits, if any, within a period of two months from the date of receipt of a copy of this order, with interest at the rate of 4% per annum for delayed period.

5. With the above direction, these writ petition stands disposed of. There shall be no order as to costs.

17.07.2023 dhk Index:Yes/No Internet: Yes/No To The Managing Director The Management of Tamil Nadu State Transport Corporation (Kovai) Limited Erode Region N.SATHISH KUMAR, J.

3/4

dhk WP.Nos.21041, 21042, 21046, 21048 & 21050 of 2023 17.07.2023 4/4