C.Rajendiran v. M/S.The Tamilnadu State Transport Corporation
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.03.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA C.Rajendiran ...
Petitioner versus 1.The Tamil Nadu State Transport Corporation, (Villupuram) Ltd. Vellore Region, Rep.by its Managing Director, Vellore.
2.The Joint Commissioner of Labour (Conciliation), DMS Complex, Chennai - 600 006. ...
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to disburse the back wages and other retirement benefit from the date of superannuation a sum of Rs.36,97,031/- with interest.
For Petitioner :
Mr.P.Solomon For Respondent No.1 :
Mr.T.Chandrasekaran Standing Counsel for TNSTC For Respondent No.2 :
Mr.T.Chezhiyan Additional Government Pleader 1/7
O R D E R
The petitioner has filed this petition seeking a writ of mandamus, directing the respondents to disburse the back wages and other retirement benefits.
2.
Heard Mr.P.Solomon, learned counsel for the petitioner and Mr.T.Chandrasekaran, learned Standing Counsel for the 1st respondent and Mr.T.Chezhiyan, learned Additional Government Pleader for the 2nd respondent and perused the materials available on record. 3.
Mr.P.Solomon, learned counsel for the petitioner submitted that out of Rs.49,62,818/- the 1st respondent has paid only a sum of Rs.11,42,444/- and they have to pay the balance amount of Rs.38,20,374/-. 4.
Mr.T.Chandrasekaran, learned Standing Counsel for the 1st respondent submitted that in pursuant to the direction given by this Court in W.P.No.39068 of 2005, all the monetary benefits due to the petitioner have 2/7
been paid except the gratuity balance to the tune of Rs.2,49,013/- and the same will also be disbursed shortly.
5.
The details of settlement of terminal benefits made to the petitioner are extracted as under:- As per card PF Balance Rs.1,27,004/- A HBA Loan availed from employer share during 07/1998 Rs.27,500/- Interest calculated Rs.1,72,330/- Total amount has to be collected from individual (27500+172330) Rs.1,99,830/- B After due adjustment the individual has to pay Rs.72,826/- (A-B) (+)Educational advance Rs.330/- (+)Fine Rs.50/- (+)17B wages recovered Rs.23,062/- After adjustment of HBA Loan, Corp dues pending Rs.96,268/- C As per Gratuity Balance Rs.2,49,013/- D Balance to be paid to individual Rs.1,52,745/-(C-D) Details of Backwages:- 50% back wages for the period from 26.05.2003 to 31.01.2015 (i.e., date of dismissal to date of superannuation) Rs.9,19,582.00 Less already paid 17(B) wages (last full drawn wages) Rs.8,15,320.00 (-) Less already deposited 50% backwages for the period from 6/2003 to 12/2005 Rs.1,27,324.00 (-) Excess paid (-) Rs.23,062.00 3/7
PENSION PAID DETAILS Pension sanction from September 2020 Rs.7,062/- Total pension arrears amount paid (The pension arrears amount paid to the individual pension through ECS in four installments) Rs.4,71,817/- 6.
Since the petitioner has claimed a higher amount than what is said to be due to him, the petitioner is at liberty to furnish the particulars to the respondents and on such production of the documents, the respondents shall consider and pass appropriate orders on its own merits and in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order and this Writ Petition is disposed accordingly. No costs.
20.03.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 4/7
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To 1.The Managing Director, The Tamil Nadu State Transport Corporation, (Villupuram) Ltd. Vellore Region, Vellore.
2.The Joint Commissioner of Labour (Conciliation), DMS Complex, Chennai - 600 006.
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R.N.MANJULA , J.
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