K.Gnanasekar (Rtd Staff No.41423) v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.08.2024
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K.Gnanasekar ... Petitioner Vs
1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vazhuthareddy Post, Salamedu, Villupuram - 605 602.
2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Region, Kancheepuram.
... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing respondents to disburse the payments relating to difference of gratuity, EL Surrender as per 13th wage settlement, ERBS pension and last month 10 days salary amounts and considering the petitioners' representation dated 18.06.2024 within the stipulated time as may be fixed by this Court. For Petitioner : Mr. N.Desinghu 1/5
For Respondents : Mr. R.Venkatesa Perumal, Standing Counsel
O R D E R
The Writ Petition has been filed for directing respondents to disburse the payments relating to difference of gratuity, EL Surrender as per 13th wage settlement, ERBS pension and last month 10 days salary amounts and considering the petitioners' representation dated 18.06.2024 within the stipulated time as may be fixed by this Court.
2. The petitioner was working as Special Grade Driver under the respondents and retired from service on 31.03.2017. The petitioner was settled with retirement benefits. While that being so, 13th Wage Settlement was entered into between the Management and the Trade Unions and the same was signed on 04.01.2018.
3. Accordingly, the Management agreed to revise the wages of the employees those who are in service as on 01.09.2016, by revising the pay by (basic pay + grade pay) x 2.44 of the earlier wages. Since the petitioner was 2/5
retired from service with effect from 30.09.2016, the revised pay was not implemented to the petitioner. Therefore, the petitioner submitted representation to the respondents and the same was not considered so far.
4. In view of the above, the respondents are directed to pay the arrears of wages payable from 01.09.2016 to 31.03.2017 as per the 13th Wage Settlement dated 04.01.2018, difference of gratuity, EL Surrender as per 13th wage settlement, ERBS pension and last month 10 days salary amounts along with the interest at the rate of 6% per annum within a period of eight weeks from the date of receipt of a copy of this order.
5. In the result, this Writ Petition is disposed of on the aforesaid observations. No costs.
02.08.2024 Index:Yes/No kv 3/5
To
1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vazhuthareddy Post, Salamedu, Villupuram - 605 602.
2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kancheepuram Region, Kancheepuram.
4/5
G.K.ILANTHIRAIYAN, J.
kv 02.08.2024 5/5