← Library
Madras High CourtWP/36116/2016disposed of

P.Thangavelu v. The Management Of

2016-10-17Honourable Mr Justice R.Subbiah5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.36116 to 36130 of 2016 P.Thangavelu ... Petitioner in W.P.36116 of 2016 A.Sakthivel ... Petitioner in W.P.36117 of 2016 A.Ramasamy ... Petitioner in W.P.36118 of 2016 R.Marimuthu ... Petitioner in W.P.36119 of 2016 R.Rajendran ... Petitioner in W.P.36120 of 2016 R.Subramanian ... Petitioner in W.P.36121 of 2016 S.Muralitharan ... Petitioner in W.P.36122 of 2016 N.Manoharan ... Petitioner in W.P.36123 of 2016 M.Arumugam ... Petitioner in W.P.36124 of 2016 K.Subramanian ... Petitioner in W.P.36125 of 2016 R.Gopalan ... Petitioner in W.P.36126 of 2016 A.Thangavel ... Petitioner in W.P.36127 of 2016 S.Balasubramanian ... Petitioner in W.P.36128 of 2016 P.Sugumaran ... Petitioner in W.P.36129 of 2016 R.Arusamy ... Petitioner in W.P.36130 of 2016 Vs.

The Management of Tamil Nadu State Transport Corporation (Kovai) Ltd.

rep. by its Managing Director, Erode Region, Erode.

... Respondent in WPs.36116 & 36119 of 2016 The Management of Tamil Nadu State Transport Corporation (Kovai) Ltd.

rep. by its Managing Director, Coimbatore.

... Respondent in WPs.36117, 36118 & 36120 to 36130 of 2016 Writ Petitions filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, W.P.No.36116 of 2016 : Directing the respondent to pay the petitioner Rs.6,00,958/- towards Gratuity, Rs.4,46,469/- towards E.P.F. Employees Contributions and Rs.2,92,325/- towards Leave Salary together with 18% interest per annum, within a time frame as may be fixed by this Court.

W.P.No.36117 of 2016 : Directing the respondent to pay the petitioner Rs.8,11,037/- towards Gratuity, Rs.6,74,061/- towards E.P.F. Employee's Contributions and Rs.68,352/- towards Leave Salary, together with 18% interest per annum, within a time frame as may be fixed by this Honourable Court. W.P.No.36118 of 2016 : Directing the respondent to pay the petitioner Rs.6,08,059/- towards Gratuity, Rs.6,18,310/- towards E.P.F. Employee's Contributions and Rs.2,17,712/- towards Leave Salary, together with 18% interest per annum, within a time frame as may be fixed by this Honourable Court. W.P.No.36119 of 2016 : Directing the respondent to pay the petitioner Rs.8,07,230/- towards Gratuity, Rs.1,86,889/- towards E.P.F. Employee's Contributions and Rs.

17,752/- towards Leave Salary, together with 18% interest per annum, within a time frame as may be fixed by this Honourable Court. W.P.No.36120 of 2016 : Directing the respondent to pay the petitioner Rs.8,64,113/- towards Gratuity, Rs.9,37,333/- towards E.P.F. Employee's Contributions and Rs.44,246/- towards Leave Salary, together with 18% interest per annum, within a time frame as may be fixed by this Honourable Court. W.P.No.36121 of 2016 : Directing the respondent to pay the petitioner Rs.6,49,086/- towards Gratuity, Rs.2,58,020/- towards E.P.F. Employee's Contributions and Rs.77,920/- towards Leave Salary, together with 18% interest per annum, within a time frame as may be fixed by this Honourable Court. W.P.No.36122 of 2016 : Directing the respondent to pay the petitioner Rs.8,35,775/- towards Gratuity, Rs.8,08,479/- towards E.P.F.

Employee's Contributions and Rs.2,01,874/- towards Leave Salary, together with 18% interest per annum, within a time frame as may be fixed by this Honourable Court. W.P.No.36123 of 2016 : Directing the respondent to pay the petitioner Rs.7,67,727/- towards Gratuity, Rs.2 05 858/- towards E.P.F. Employee's Contributions and Rs.76,720/- towards Leave Salary, together with 18% interest per annum, within a time frame as may be fixed by this Honourable Court. W.P.No.36124 of 2016 : Directing the respondent to pay the petitioner Rs.8,12,558/-towards Gratuity, Rs.11,18,967/- towards E.P.F. Employee's Contributions and Rs.1,57,628/- towards Leave Salary, together with 18% interest per annum, within a time frame as may be fixed by this Honourable Court.

W.P.No.36125 of 2016 : Directing the respondent to pay the petitioner Rs.6,96,609/- towards Gratuity, Rs.6,40,196/- towards E.P.F. Employee's Contributions and Rs.3,25,718/- towards Leave Salary, together with 18% interest per annum, within a time frame as may be fixed by this Honourable Court. W.P.No.36126 of 2016 : Directing the respondent to pay the petitioner Rs.3,62,420/- towards Gratuity, Rs.2,18,073/- towards E.P.F. Employee's Contributions and Rs.14,408/- towards Leave Salary, together with 18% interest per annum, within a time frame as may be fixed by this Honourable Court. W.P.No.36127 of 2016 : Directing the respondent to pay the petitioner Rs.7,92,568/- towards Gratuity, Rs.5,49,782/- towards E.P.F. Employee's Contributions and Rs.

56,687/- towards Leave Salary, together with 18% interest per annum, within a time frame as may be fixed by this Honourable Court. W.P.No.36128 of 2016 : Directing the respondent to pay the petitioner Rs.9,24,106/- towards Gratuity, Rs.4,42,686/- towards E.P.F. Employee's Contributions and Rs.2,57,547/- towards Leave Salary, together with 18% interest per annum, within a time frame as may be fixed by this Honourable Court. W.P.No.36129 of 2016 : Directing the respondent to pay the petitioner Rs.6,69,797/- towards Gratuity, Rs.4,27,091/- towards E.P.F. Employee's Contributions and Rs.14,709/- towards Leave Salary, together with 18% interest per annum, within a time frame as may be fixed by this Honourable Court. W.P.No.36130 of 2016 : Directing the respondent to pay the petitioner Rs.6,54,826/- towards Gratuity, Rs.2,41,499/- towards E.P.

F. Employee's Contributions and Rs.83,450/- towards Leave Salary, together with 18% interest per annum, within a time frame as may be fixed by this Honourable Court. For Petitioner : Mr.V.Ajoykhose in all the Writ Petitions For Respondent : Mr.S.Sairaman in all the Writ Petitions COMMON ORDER By consent, the main writ petitions themselves are taken up for final disposal.

2. The petitioners joined the services of the Transport Corporation and they retired from service long before. The grievance of the petitioners is that though they retired from service long before, till date, they were not paid with the retirement benefits. In this regard, the petitioners submitted representations before the respondents, on various dates. However, till date, there was no response. Aggrieved against the same, the present Writ Petitions have been filed.

3. I have heard the learned counsel appearing for the petitioners and the learned counsel, who has taken notice on behalf of the respondent.

4. The issue involved in the present writ petitions is squarely covered by the judgment of the Division Bench of the Madurai Bench of this Court dated 12.6.2015 made in W.A.(MD) Nos.383 to 457 of 2015 (K.Rajendran & Others vs. The Tamil Nadu State Transport Corporation (Madurai) Limited, rep. by its Managing Director, Madurai and others).

5. Following the said judgment, without going into the merits of the matter, the respondent is directed to disburse the aforementioned retiral benefits to 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 (K.Rajendran & Others vs. The Tamil Nadu State Transport Corporation (Madurai) Limited, rep. by its Managing Director, Madurai and others), dated 12.06.2015. It is also made clear that the first instalment shall commence from 01.01.2017.

6. With the above direction, all the writ petitions are disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar tsi

To 1.The Managing Director, Management of Tamil Nadu State Transport Corporation (Kovai) Ltd., Erode Region, Erode.

2.The Managing Director, Management of Tamil Nadu State Transport Corporation (Kovai) Ltd., Coimbatore.

+1cc to M/s.V.Ajay Khose, Advocate, S.R.No.58696 +1cc to Mr.S.Sairaman, Advocate, S.R.No.58589 W.P.Nos.36116 to 36130 of 2016 PPA(CO) CA(24.10.2016)