P.Pannerselvam v. The General Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.11.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.23607 of 2021 (Through Video Conferencing) 1.P.Pannerselvam 2.A.Shanmugam 3.Ramanathan 4.S.Syed Kayaseetheen 5.V.Rajaram 6.N.Matheswaran 7.G.Boopathi 8.S.Ekambaram 9.P.Kandasamy 10.K.Sampath 11.M.Sampath 12.S.Pachamuthu 13.L.Srinivasan 14.S.Sengamalam 15.G.Sundarajan 16.A.Ganesan 17.K.Kuppupillai 18.K.Shanmugam
...Petitioners
Vs 1.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd, 3/137, Salamedu, Villupuram, Villupuram District- 605 401.
2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Pallavan Salai, Chennai - 600 002.
...Respondents
Prayer : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to pay interest at 10% for the belated payment of gratuity, Leave Salary, Employees Provident Fund and commutation of pension amount to the petitioners.
For Petitioners :
Mr.S.T.Varadarajulu For Respondents :
Mr.G.Saravana Kumar Standing Counsel
O R D E R
This Writ Petition has been filed for a Writ of Mandamus, to direct the respondents to pay interest at 10% for the belated payment of gratuity, Leave Salary, Employees Provident Fund and commutation of pension amount to the petitioners in terms of the decision of the First Bench of the Madurai Bench of this Court in W.A.(MD)Nos.383 to 457 of 2015.
2. The First Bench of the Madurai Bench of this Court, in the above case, has directed the State Transport Corporation to settle the terminal benefits of its employees in 12 equal monthly installments and to pay interest at the rate of 6% on the terminal benefits payable to the workman. The First Bench of the Madurai Bench of this Court has also held that workman is entitled to 18% interest for the defaulted period of installments.
3. It is noticed that though the above observation of the First Bench of the Madurai Bench of this Court was followed by a learned Single Judge in W.P.No.15886 of 2020 vide order dated 19.01.2021, the learned Single Judge has subsequently modified the views in W.P.No.506 of 2021 vide order dated 24.03.2021 considering the constraints of the State Finance due to the outbreak of Covid-19 with the following directions:- "(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."
4. Considering the same, this Writ Petition is disposed by directing the respondents to consider the representation dated 05.08.2021 of the petitioner and to pay the interest of the petitioner for the belated payment of Gratuity, Leave
Salary, Employee Provident Fund and Commutation of Pension and other legal dues to the petitioner in six equated monthly instalments commencing from 1st December, 2021. No costs. Sd/- Assistant Registrar (CS-II) //True Copy// jas Sub Assistant Registrar To 1.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd, 3/137, Salamedu, Villupuram, Villupuram District- 605 401.
2.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Pallavan Salai, Chennai - 600 002.
+1cc to Mr.S.T.Varadarajulu, Advocate SR. No.56847 +1cc to Mr.G.Saravanakumar, Advocate SR. No.56483 W.P.No.23607 of 2021 PCH (CO) PR (30/11/2021)