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Madras High CourtWP/20402/2020disposed of

Tamil Nadu State Transport Employees Federation v. Government Of Tamil Nadu

2023-11-03Honourable Mrs Justice R. Hemalatha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2023

CORAM

THE HONOURABLE MRS.JUSTICE R. HEMALATHA and WMP.Nos.25181 of 2020, 22623 of 2021 and 9112 of 2023 Tamil Nadu State Transport Employee's Federation rep by its General Secretary, No.52, Cooks Road, Otteri, Chennai - 600 012.

... Petitioner Vs 1.Government of Tamil Nadu rep by its Additional Chief Secretary, Finance Department, Fort St.George, Chennai -9.

2.The Principal Secretary, Transport Department, Government of Tamil Nadu Fort St.George, Chennai -9.

3.Tamil Nadu State Transport Corporations Employee's Pension Fund Trust, Rep by its Administrator, Thriuvalluvar Illam, Pallavan Salai, Anna Salai, Chennai - 2.

4.Metropolitan Transport Corporation Ltd Pallavan Salai, Anna Salai, Chennai - 2.

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5.State Express Transport Corporation Ltd Thiruvalluvar Illam Pallavan Salai, Anna Salai, Chennai - 2.

6.Tamil Nadu State Transport Corporation (Villupuram) Ltd., Rep by its Managing Director 3/137, Salamedu Vazhudareddy, Villupuram - 605602.

7.Tamil Nadu State Transport Corporation (Salem) Ltd., Rep by its Managing Director 12, Ramakrishna Road, Seerangapalayam, Sale - 636 007.

8.Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Rep by its Managing Director 37, Mettuplayam Road, Coimbatore - 641 043.

9.Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Rep by its Managing Director New Railway Station Road, Kumbakonam - 612 001.

10. Tamil Nadu State Transport Corporation (Madurai) Ltd., Rep by its Managing Director Bye Pass Road Madurai - 625 002.

11.Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Rep by its Managing Director Kattabomman Nagar, Tirunelveli - 682 002 .... Respondents 2/6

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to directing respondents 1 and 2 to pay the difference in operational cost to the respondents 4 to 11 and also the difference amount over and above the employer contributions to 3rd respondent Pension Trust and directing the respondents 4 to 11 to credit the monthly contributions towards PF, Gratuity, CPS every month including the arrears of contributions to the respective Fund/Trust, so as to settle the terminal benefits to the employees immediately upon their superannuation, retirement, death etc., particularly to those who had retired between 01.04.2019 and 30.04.2019 and the legal heirs of the deceased employees.

For Petitioner : Mr.V.Ajoy Khose.

For Respondents : Mr.D.Gopal, GA for R1 and R2.

M/s.M.Aswin, SC for R7.

M/s.S.Pavithra, SC for R6.

Mr.A.Sundaravadhanam, SC for R8.

Mr.C.Gauthamaraj for R4, R10 & R11.

Mr.CSK.Sathish, SC for R3.

Mr.LSM.Hasan Faizal for R5.

Mr.Sathya Gandhi for R9.

ORDER

When the matter is taken up for hearing, the learned Government Advocate for R1 and R2 and the respective Standing counsels appearing for R3 to R11 would submit that they are in the process of settling all the dues to the employees.

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2. Considering the submissions made by the learned Government Advocate for R1 and R2 and the respective Standing counsels appearing for R3 to R11 the respondents are directed to settle the entire dues to the retired employees and to the legal heirs of the deceased retired employees who are all eligible for the retiral and other terminal benefits within a period of 12weeks from the date of receipt of a copy of this order.

3. With the above observation, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 03.11.2023 Index: Yes/ No Internet : Yes/No Speaking/Non-speaking Order tsh To 1.Government of Tamil Nadu rep by its Additional Chief Secretary, Finance Department, Fort St.George, Chennai -9. 2.The Principal Secretary, Transport Department, Government of Tamil Nadu Fort St.George, Chennai -9.

3.Tamil Nadu State Transport Corporations Employee's Pension Fund Trust, Rep by its Administrator, Thriuvalluvar Illam, Pallavan Salai, Anna Salai, Chennai - 2.

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4.Metropolitan Transport Corporation Ltd Pallavan Salai, Anna Salai, Chennai - 2.

5.State Express Transport Corporation Ltd Thiruvalluvar Illam Pallavan Salai, Anna Salai, Chennai - 2.

6.Tamil Nadu State Transport Corporation (Villupuram) Ltd., Rep by its Managing Director 3/137, Salamedu Vazhudareddy, Villupuram - 605602.

7.Tamil Nadu State Transport Corporation (Salem) Ltd., Rep by its Managing Director 12, Ramakrishna Road, Seerangapalayam, Sale - 636 007.

8.Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Rep by its Managing Director 37, Mettuplayam Road, Coimbatore - 641 043.

9.Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Rep by its Managing Director New Railway Station Road, Kumbakonam - 612 001.

10. Tamil Nadu State Transport Corporation (Madurai) Ltd., Rep by its Managing Director Bye Pass Road Madurai - 625 002.

11.Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Rep by its Managing Director Kattabomman Nagar, Tirunelveli - 682 002 5/6

R. HEMALATHA,J.

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