A.Haridasan v. The Management Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:11.08.2016
CORAM
THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P.Nos.28012 to 28027 of 2016, 28035 of 2016, 28052 of 2016,28063 to 28068 of 2016, 28090 and 28091 of 2016,28102 to 28106 of 2016, 28114 and 28115 of 2016, 28137 to 28139 of 2016 [36 cases] A.Haridasan .. Petitioner in W.P.No.28012 of 2016 N.Rajan .. Petitioner in W.P.No.28013 of 2016 J.Belli .. Petitioner in W.P.No.28014 of 2016 M.Murgesan .. Petitioner in W.P.No.28015 of 2016 P.Subramanian .. Petitioner in W.P.No.28016 of 2016 G.Selvaraj .. Petitioner in W.P.No.28017 of 2016 S.Jayabalan .. Petitioner in W.P.No.28018 of 2016 K.Loganathan .. Petitioner in W.P.No.28019 of 2016 R.Natarajan .. Petitioner in W.P.No.28020 of 2016 B.Alexander Raja Jayakumar.. Petitioner in W.P.No.28021 of 2016 K.Sivakumaran .. Petitioner in W.P.No.28022 of 2016 M.Arumugam .. Petitioner in W.P.No.28023 of 2016 A.S.
Sundaraswamy .. Petitioner in W.P.No.28024 of 2016 S.Samuvel .. Petitioner in W.P.No.28025 of 2016 C.Palanisamy .. Petitioner in W.P.No.28026 of 2016 K.Bheeman .. Petitioner in W.P.No.28027 of 2016 S.Vadivelu .. Petitioner in W.P.No.28035 of 2016 S.Venkatachalam .. Petitioner in W.P.No.28052 of 2016 C.Manickam .. Petitioner in W.P.No.28063 of 2016 R.Raja .. Petitioner in W.P.No.28064 of 2016 A.Marappan .. Petitioner in W.P.No.28065 of 2016 P.Jayakodi .. Petitioner in W.P.No.28066 of 2016 A.Duraisamy .. Petitioner in W.P.No.28067 of 2016 K.Sathiyanarayanan .. Petitioner in W.P.No.28068 of 2016 V.Anandan .. Petitioner in W.P.No.28090 of 2016 P.Ramamoorthy .. Petitioner in W.P.No.28091 of 2016 M.Parameswaran .. Petitioner in W.P.No.28102 of 2016 C.Sathiyamoorthy .. Petitioner in W.P.No.28103 of 2016 K.Dayalan .. Petitioner in W.P.No.
28104 of 2016 C.Varadarajulu .. Petitioner in W.P.No.28105 of 2016 E.Jambulingam .. Petitioner in W.P.No.28106 of 2016 R.Sundararajan .. Petitioner in W.P.No.28114 of 2016 M.Ravikumar .. Petitioner in W.P.No.
S.Chinnasamy .. Petitioner in W.P.No.28137 of 2016 P.Rajamani .. Petitioner in W.P.No.28138 of 2016 T.Raja .. Petitioner in W.P.No.28139 of 2016 vs
1. The Management of Tamilnadu State Transport Corporation (Kovai) Ltd, Rep. By its Managing Director, Coimbatore.
.. 1st Respondent in WP 28012/16 to WP 28027/16, 28137/16, WP 28138/16 & 28139/16.
2. The Managing Director, Tamilnadu State Transport Corporation (Villupuram) Ltd, Vazhuthareddy, Villupuram.
.. 1st Respondent in WP 28035/16,28068, 28090/16, 28102/16 to WP 28106/16 28091/16.
3.The General Manager Tamilnadu State Transport Corporation (Villupuram) Limited Kancheepuram Region Kancheepuram.
..
2nd Respondent in WP 28035/16, WP 26102/16 and 28103/16.
4.The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House Pallavan Salai Chennai-600 002.
..
2nd Respondent in WP 28063/16 to 28007/16.
..
3rd Respondent in WP 26035/16, WP 28090/16, 28091/16, 28102/16 5.The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishna Salai, Salem.
..
Respondent in WP 28052/16,28114/16 WP 28115/16 ..
1st Respondent in WP 28063/16 to WP 28067/16.
6.The General Manager Tamilnadu State Transport Corporation (Villupuram) Limited Tiruvannamalai Region Tiruvannamalai.
..
2nd Respondent in WP 28068/16 7.The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited Vellore Region, Vellore.
..
2nd Respondent in WP 28090/16, 28091/16.
These Writ petitions are filed under Article 226 of the Constitution of India praying to issuance of Writ of mandamus WP 28012/16:
To directing the respondent to pay the petitioner Rs.4,63,730/- towards gratuity and Rs.2,86,639/- towards leave salary, together with 18% per interest per annum within a time frame.
WP 28013/16:
To directing the respondent to pay the petitioner Rs. 3 95 483/- towards Gratuity and Rs. 47 093/- towards leave salary together with 18% interest per annum within a time frame.
WP 28014/16:
To directing the respondent to pay the petitioner Rs. 4 93 477/- towards Gratuity together with 18% interest per annum along with interest amount towards the delay period from 31.05.13 to 16.08.13 in paying EPF Employees Contribution amount Rs.1 60 154/- at the rate as per EPF Scheme within a time frame. WP 28015/16:
To directing the respondent to pay the petitioner Rs. 6 38 618/- towards Gratuity and Rs.1 34 902/- towards leave salary together with 18% interest per annum along with interest amount towards the delay period from 31.08.13 to 24.10.13 in paying EPF Employees Contribution amount Rs.2 86 891/- at the rate as per EPF Scheme within a time frame. WP 28016/16:
To directing the respondent to pay the petitioner Rs. 5 61 649/- towards Gratuity Rs.5 28 851/- towards E.P.F. Employees Contributions and Rs.2 10 741/- towards leave salary and also arrears of wages for the period from 01.09.13 to 31.03.15 payable pursuant to new wage settlement dated 13.04.15 together with 18% interest per annum within a time frame WP 28017/16:
To directing the respondent to pay the petitioner Rs. 5 95 558/- towards Gratuity and Rs.1 48 215/- towards leave
salary and also arrears of wages for the period from 01.09.13 to 31.03.15 payable pursuant to new wage settlement dated 13.04.15 together with 18% interest per annum within a time frame. WP 28018/16:
To directing the respondent to pay the petitioner Rs. 6 87 088/- towards Gratuity and Rs.2 04 492/- towards leave salary and also arrears of wages for the period from 01.09.13 to 31.03.15 payable pursuant to new wage settlement dated 13.04.15 together with 18% interest per annum along with interest amount towards the delay period from 31.05.15 to 28.05.16 in paying EPF Employees Contribution amount Rs.7 73 652/- at the rate as per EPF Scheme within a time frame.
WP No.28019 of 2016 Directing the respondent to pay the petitioner Rs. 4,96,665/- towards Gratuity, Rs.6,00,019/- towards E.P.F. Employees Contributions and Rs. 4,29,977/- towards leave salary and also arrears of wages for the period from 01.09.13 to 31.03.15 payable pursuant to new wage settlement dated 13.04.15, together with 18% interest per annum, within a time frame . WP No.28020 of 2016 Directing the respondent to pay the petitioner Rs. 5,61,652/- towards Gratuity, Rs.3,22,907/- towards E.P.F. Employees Contributions and Rs. 91,455/- towards leave salary and also arrears of wages for the period from 01.09.13 to 31.03.15 payable pursuant new wage settlement dated 13.04.15, together with 18% interest per annum, within a time frame. WP No.28021 of 2016 Directing the respondent to pay the petitioner Rs. 6,73,357/- towards Gratuity and Rs.3,70,149/- towards E.P.F. Employees Contributions and also arrears of wages for the period from 01.09.13 to 31.03.15 payable pursuant to new wage settlement dated 13.04.15, together with 18% interest per annum, within a time frame.
WP No.28022 of 2016 Directing the respondent to pay the petitioner Rs. 7,14,392/- towards Gratuity Rs.1,92,477/- towards E.P.F. Employees Contributions and Rs.1,38,592/- towards leave salary and also arrears of wages for the period from 01.09.13 to 31.03.15 payable pursuant to new wage settlement dated 13.04.15, together with 18% interest per annum, within a time frame . WP No.28023 of 2016 Directing the respondent to pay the petitioner Rs. 9,06,120/- towards Gratuity Rs.2,77,000/- towards E.P.F. Employees Contributions and Rs.1,97,028/- towards leave salary and also
arrears of wages for the period from 01.09.13 to 31.03.15 payable pursuant to new wage settlement dated 13.04.15, together with 18% interest per annum, within a time frame. WP No.28024 of 2016 Directing the respondent to pay the petitioner Rs. 9,18,498/- towards Gratuity Rs.6,55,423/- towards E.P.F. Employees Contributions and Rs.4,18,735/- towards leave salary and also arrears of wages for the period from 01.09.13 to 31.03.15 payable pursuant to new wage settlement dated 13.04.15, together with 18% interest per annum, within a time frame . WP No.28025 of 2016 Directing the respondent to pay the petitioner Rs. 6,70,186/- towards Gratuity Rs.5,85,516/- towards E.P.F. Employees Contributions and Rs.8,362/- towards leave salary and also arrears of wages for the period from 01.09.13 to 31.03.
15 payable pursuant to new wage settlement dated 13.04.15, together with 18% interest per annum, within a time frame. WP No.28026 of 2016 Directing the respondent to pay the petitioner Rs. 7,33,968/- towards Gratuity Rs.8,27,595/- towards E.P.F. Employees Contributions and Rs.1,00,505/- towards leave salary and also arrears of wages for the period from 01.09.13 to 31.03.15 payable pursuant to new wage settlement dated 13.04.15, together with 18% interest per annum, within a time frame. WP No.28027 of 2016 Directing the respondent to pay the petitioner Rs. 8,55,780/- towards Gratuity Rs.5,05,522/- towards E.P.F. Employees Contributions and Rs.1,84,698/- towards leave salary and also arrears of wages for the period from 01.09.13 to 31.03.15 payable pursuant to new wage settlement dated 13.04.
15, together with 18% interest per annum, within a time frame. WP No.28035 of 2016 Directing the respondents to settle the petitioners retirement benefits etc., with interest at the rate of not less than 12% per annum payable from the date of retirement and consequently directing the respondents to pay interest at the rate of 12% per annum for the belated settlement of retirement benefits including the commutation, gratuity, leave surrenders, D.A. arrears and refund of institute of road transport arrears etc., to the petitioner payable from the date of retirements i.e., 30.06.2015 to till date of actual payment to the petitioner.
WP No.28052 of 2016 directing the respondent to consider and pass orders on the petitioners representation dated 1.6.2016 with regard to payment of retirement benefit within a stipulated time as fixed by this Honourable court.
WP No.28063 of 2016 Directing the respondents to disburse the payments relating to Gratuity, Commutation, Leave Encashment (Earned Leave & Medical Leave), and all other retirement benefits by calculating D.A. Eligible as per the fixation made by the Government of Tamil Nadu periodically along with the entitled difference of Dearness Allowances also, with interest at 12% per annum with effect from 1.7.2014 .
WP No.28064 of 2016 Directing the respondents to disburse the payments relating to Gratuity, Commutation, Leave Encashment (Earned Leave & Medical Leave), and all other retirement benefits by calculating D.A. Eligible as per the fixation made by the Government of Tamil Nadu periodically along with the entitled difference of Dearness Allowances also, with interest at 12% per annum with effect from 1.7.2014 .
WP No.28065 of 2016 Directing the respondents to disburse the payments relating to Gratuity, Commutation, Leave Encashment (Earned Leave & Medical Leave), and all other retirement benefits by calculating D.A. Eligible as per the fixation made by the Government of Tamil Nadu periodically along with the entitled difference of Dearness Allowances also, with interest at 12% per annum with effect from 1.5.2014 .
WP No.28066 of 2016 Directing the respondents to disburse the payments relating to Gratuity, Commutation, Leave Encashment (Earned Leave & Medical Leave), and all other retirement benefits by calculating D.A. Eligible as per the fixation made by the Government of Tamil Nadu periodically along with the entitled difference of Dearness Allowances also, with interest at 12% per annum with effect from 1.7.2014 .
WP No.28067 of 2016 Directing the respondents to disburse the payments relating to Gratuity, Commutation, Leave Encashment (Earned Leave & Medical Leave), and all other retirement benefits by calculating D.A. Eligible as per the fixation made by the Government of Tamil Nadu periodically along with the entitled difference of Dearness
Allowances also, with interest at 12% per annum with effect from 1.4.2013 .
WP No.28068 of 2016 Directing the respondents to disburse the payments relating to Gratuity, Leave Encashment (Earned Leave 240 days), 2013 Settlement Effect Arrears as per new Basic, Pension Arrears as per new Basic from 2014 and all other retirement benefits amount by calculating D.A. Eligible as per the fixation made by the Government of Tamil Nadu periodically along with the entitled difference of Dearness Allowances also, with interest at 12% per annum with effect from 1.1.2014 .
WP No.28090 of 2016 Directing the respondents to disburse the payments relating to Gratuity, Commutation, and Leave Encashment by calculating D.A. eligible as per newly implemented with interest at 12% per annum with effect from 30.11.2014 .
WP No.28091 of 2016 Directing the respondents to disburse the payments relating to Gratuity, Commutation, and Leave Encashment by calculating D.A. eligible as per newly implemented with interest at 12% per annum with effect from 1.9.2015 .
WP No.28102 of 2016 Directing the Respondents to settle the Petitioners retirement benefits including Gratuity, Commutation and Leave Surrender (Earned Leave), IRT Amount, Employees Welfare amount, DA arrears and settlement arrears etc., with interest at the rate of not less than 18% per annum payable from the date of retirement and consequently directing the Respondents to pay interest at the rate of 18% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e., 31.05.2014 to till date of actual payment to the petitioner .
WP No.28103 of 2016 directing the respondents to settle the petitioners retirement benefits including Gratuity, Settlement Arrears, Commutation and Leave Surrender etc., with interest at the rate of not less than 18% per annum payable from the date of retirement and consequently directing the respondents to pay interest at the rate of 18% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e., 30.11.2013 to till date of actual payment to the petitioner .
WP No.28104 of 2016 directing the respondents to settle the petitioners retirement benefits including Gratuity, Settlement Arrears etc., with interest at the rate of not less than 18% per annum payable from the date of retirement and consequently directing the respondents to pay interest at the rate of 18% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e., 31.12.2012 to till date of actual payment to the petitioner.
WP No.28105 of 2016 Directing the Respondents to settle the Petitioners retirement benefits including Gratuity and Settlement arrears etc., with interest at the rate of not less than 18% per annum payable from the date of retirement and consequently directing the Respondents to pay interest at the rate of 18% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e., 30.09.2013 to till date of actual payment to the petitioner within . WP No.28106 of 2016 directing the respondents to settle the petitioners retirement benefits including Gratuity etc., with interest at the rate of not less than 18% per annum payable from the date of retirement and consequently directing the respondents to pay interest at the rate of 18% per annum for the belated settlement of retirement benefits to the petitioner payable from the date of retirement i.e., 30.4.2013 to till date of actual payment to the petitioner .
WP No.28114 of 2016 Directing the respondent to pay the retirement benefits such as Gratuity, the benefits of Earned and Unearned Leave, the benefit of old medical leave and other retirement benefits payable to the petitioner with interest at the rate of 12% from the date of retirement.
WP No.28115 of 2016 Directing the respondents to pay the retirement benefits such as Gratuity, IRT Share, the benefits of Earned and Unearned Leave, old medical leave benefit and other retirement benefits payable to the petitioner with interest at the rate of 12% from the date of retirement.
WP No.28137 of 2016 Directing the respondent to settle the entire retirement benefits of the petitioner i.e. Gratuity sum of Rs.7,12,592 + Leave Encashment (EL) sum of Rs. 54,450/- + Social security scheme sum fund sum of Rs.34,000/- + commutation fund sum of
Rs.3,14,740/- + provident fund sum of Rs.3,02.500/- totally sum of Rs.14,16,292/- + arrears of amounts as per 12(3) settlement with effect from 1.9.2013 to till the date of retirement i.e. 29.02.2016 and other benefits and enhanced dearness allowances along with 18% interest on delayed payment from 01.03.2016 to till the date of disbursement of the terminal benefits to the petitioner.
WP No.28138 of 2016 Directing the respondent to settle the entire retirement benefits of the petitioner i.e. Gratuity amount of Rs.5,01,016 + Leave Encashment (EL) sum of Rs. 30,615/- = Totally sum of Rs.5,31,631/- and other benefits and enhanced dearness allowances along with 18% interest on delayed payment from 01.03.2013 to till the date of disbursement of the terminal benefits to the petitioner.
WP No.28139 of 2016 Directing the respondent to settle the entire retirement benefits of the petitioner i.e. Gratuity amount of Rs.5,73,600 + Leave Encashment (EL) sum of Rs.2,84,620/- = totally sum of Rs.8,58,220/- + arrears of amounts as per 12(3) settlement with effect from 1.9.2013 to till the date of retirement i.e. 30.06.2014 and other benefits and enhanced dearness allowances along with 18% interest on delayed payment from 01.07.2014 to till the date of disbursement of the terminal benefits to the petitioner.
For Petitioners: Mr.V.Ajaykhose in W.P.No.28012 of 2016 to 28027/16 Mr.S.Arvind kumar in W.P.No.28035 of 2016 Mr.Sundaravadhanam in W.P.No.28052 of 2016 Mr.J.Pradeep in W.P.Nos.28063 to 28068 of 2016 Mr.I.Abraham in W.P.Nos.28090 and 28091 of 2016 Mr.M.Selvam in W.P.Nos.28102 to 28106 of 2016
Mr.A.Nagarathinam in W.P.Nos.28114 to 28115 of 2016 Mr.Y.George Williams in W.P.Nos.28137 to 28139 of 2016 For Respondents : Mr.P.Paramasivadoss Standing Counsel for Transport Corporation in W.P.No.28052 of 2016, 28063 to 28068 of 2016, 28114 to 28115 of 2016 Mr.S.Sairaman Standing Counsel for Transport Corporation in W.P.Nos.28012 to 28027 of 2016, 28035 of 2015, 28090 and 28091 of Mr.P.Kannan Kumar Standing Counsel for Transport Corporation in W.P.Nos.28102 to 28106 of 2016 and W.P.Nos.28137 to 28139 of 2016 COMMON ORDER Inasmuch as the issue raised in all these writ petitions are one and the same, viz., seeking a direction to the respondentTransport Corporation to disburse the terminal benefits of the petitioners, all these petitions are taken up together and disposed of by this common order.
2. The grievance of the petitioners is that even though they have retired from the services of the respondent- Transport Corporation two or three years ago, till date their terminal benefits have not been settled. In this regard, they have also submitted representation to the respective Transport Corporations. Since there was no response, they are before this Court by way of these writ petitions.
3. When the matter is taken up today for hearing, learned counsel appearing for the petitioners brought to the notice of this Court the common judgment dated 12.06.2015 passed by the Madurai Bench of this Court in W.A.(MD) Nos.383 to 457 of 2015 wherein under similar circumstances, the respondent-Transport Corporation undertook to pay the amount due and payable in
twelve equal monthly instalments. They would further submit that following the same, this Court has passed similar orders in several writ petitions. Accordingly, they would pray that a similar order may be passed in these writ petitions also.
4. Heard the learned counsel for the respective petitioners; Mr.P.Paramasivadoss, Mr.S.Sairaman and Mr.P.Kannan Kumar learned Standing Counsel for the respective respondent-Transport corporation, who took notice on behalf of the respondents.
5. Considering the facts and circumstances of the case and in view of the earlier orders passed by this Court in similar circumstances, without going into the merits of the matter, the respective respondent-Transport Corporation is directed to disburse the terminal benefits to each of the petitioners herein in twelve equal monthly instalments, in the light of the common judgment passed by this Court in W.A.(MD) Nos.383 to 457 of 2015 dated 12.06.2015. It is also made clear that the first instalment shall commence from 01.12.2016.
6. With the above direction, all these writ petitions are disposed of. No costs.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar arr To
1. The Managing Director, Tamilnadu State Transport Corporation (Kovai) Ltd, Coimbatore.
2. The Managing Director, Tamilnadu State Transport Corporation (Villupuram) Ltd, Vazhuthareddy, Villupuram.
3.The General Manager Tamilnadu State Transport Corporation (Villupuram) Limited Kancheepuram Region Kancheepuram.
4.The Administrator Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme Thiruvalluvar House Pallavan Salai Chennai-600 002.
5.The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited No.12, Ramakrishna Salai, Salem.
6.The General Manager Tamilnadu State Transport Corporation (Villupuram) Limited Tiruvannamalai Region Tiruvannamalai.
7.The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited Vellore Region, Vellore.
1 cc to Mr.S.Aravindkumar, Advocate, sr.45831 1 cc to Mr.Sundaravadanam, Advocate, sr.45822 1 cc to Mr.R.George Williams, Advocate, sr.46060 1 cc to Mr.P.Paramasivadoss, Advocate, sr.46181 2 ccs to Mr.S.Sairaman, Advocate, sr.45840 2 ccs to Mr.I.Abraham, Advocate, sr.46384 & 46385 2 ccs to Mr.A.Nagarathinam, Advocate, sr.46030 & 46031 5 ccs to Mr.M.Selvam, Advocate, sr.46000 6 ccs to Mr.J.Pradeep, Advocate, sr.46429 8 ccs to Mr.P.Kannankumar, Advocate, sr.46680 W.P.Nos.28012 to 28027 of 2016, 28035 of 2016, 28052 of 2016,28063 to 28068 of 2016, 28090 to 28091 of 2016,28102 to 28106 of 2016,28114 and 28115 of 2016, 28137 to 28139 of 2016 [36 cases] scd co kra 14.09.2016