The Management v. A.Sigamani (Deceased)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and WMP.No.9071 of 2017 The Management, Tamil Nadu State Transport Corporation, Villupuram Division, Rangapuram, Vellore.

Rep. by its General Manager.

...Petitioner

Vs.

1.

A.Sigamani (Deceased) 2.

The Principal Labour Court, Vellore, Vellore District.

3.

Baby Shakila 4.

Nakeeran 5.

Thirunavukkarasu 6.

Vivekanandhan 7.

Manimegalai 8.

Thiruneelakandan Thirugnanasambandan

10. Viswamithran

...Respondents

(R3-R10 impleaded as LR's of the deceased 1st respondent, vide order dated 22.09.2021 made in WMP.No.20634/2021 in W.P.No.8280/ 2017.) 1/5

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records passed by the 2nd respondent in CP. No.151 of 2015 dated 29.11.2016 and to quash the same. For Petitioner : M/s.S.Pavithra For Respondents : Mr.R.N.Amarnath, for R1, R3 to R10

O R D E R

The petitioner has come up with this Writ petition seeking quashment of the order of the 2nd respondent in CP.No.151 of 2015 dated 29.11.2016.

2. The case of the petitioner is that the deceased 1st respondent was appointed as driver in the petitioner corporation in the year 1968 and subsequently, he attained the age of superannuation on 30.06.1997 and was alos settled with a sum of Rs.55,895/-, vide cheque dated 30.06.1997. While so, the deceased 1st respondent filed C.P.No.151 of 2015 before the 2nd respondent, seeking payment of pension as per the Employees Provident Fund and Miscellaneous Act, 1952 and the same was allowed by the 2nd respondent, vide order dated 29.11.2016, directing the petitioner management to sanction pension as well as EPF amount dues to the 2/5

petitioner. Challenging the same, the petitioner has come up with this Writ petition.

3. Learned counsel for the petitioner-corporation relying on the communication dated 21.08.2023 submitted that, the pension amount was paid to the deceased 1st respondent till January 2018 and as the 1st respondent died on 11.02.2018, the lifetime pension amount for the period 01.02.2018 to 11.02.2018 was paid to one Thirugnanasamandham, the legal heir of the deceased 1st respondent.

4. On the above said contentions, heard learned counsel for the private respondents and perused the materials placed on record.

5. Though very many grounds have been raised by the learned counsel on either side at the time of arguments, however, in view of the above submission made by the learned counsel for the petitioner, which is also evident from the communication dated 21.08.2023, this Court is of the view that, no further adjudication is necessary in this Writ petition. 3/5

6. Accordingly, this Writ Petition stands closed. No costs. Consequently, connected Miscellaneous petition is closed. 28.08.2023 skt NCC : Yes / No Speaking Order : Yes / No Index : Yes / No To The Principal Labour Court, Vellore, Vellore District.

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M.DHANDAPANI., J.

skt and WMP.No.9071 of 2017 28.08.2023 5/5