R.Prem Kumar Staff No. Jo2233 v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2025 CORAM :

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA R.Prem Kumar ... Petitioner Vs.

1. The Managing Director, Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road, Coimbatore - 43.

2. The General Manager, Tamil Nadu State Transport Corporation Ltd., Erode Region, Chennimalai Road, Erode -638 001.

3. The Administrator, Tamil Nadu State Transport Corporation EPF Trust, Thiruvalluvar House, Anna Salai, Chennai - 2.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to pay the difference / arrears of wages for the period from 01.09.2016 to 31.05.2017 as per the information furnished under the Right to Information Act, dated 22.10.2024 and 18.11.2024 by the 2nd Respondent with 12 % interest p.a., within a time frame as may be fixed by this Court. For Petitioner : Mr.C.Prakasam For Respondents : Mr.Murali Vinoth Standing counsel (TNSTC) for R1 to R3

ORDER

This Writ Petition has been filed seeking a direction to the respondents to pay the difference / arrears of wages for the period from 01.09.2016 to 31.05.2017 as per the information furnished under the Right to Information Act, dated 22.10.2024 and 18.11.2024 by the 2nd Respondent with 12 % interest p.a., within a time frame as may be fixed by this Court.

2. Mr.Murali Vinoth, learned Standing Counsel (TNSTC) takes notice for the Respondents 1 to 3.

3. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

4. The brief case of the petitioner is that the petitioner who was working as a Senior Tradesman in the respondent Corporation, retired from service on 31.05.2017 on attaining the age of superannuation. A Settlement was entered into between the Union and the Management on 04.01.2018. But it was made applicable with effect from 01.09.2016. Therefore, the petitioner is entitled to the benefits under the said

Settlement, dated 04.01.2018. However the terminal benefits were settled without reference to the terms of the Settlement. Therefore, the petitioner is entitled not only to the difference in benefits, but also interest thereon.

5. The stand of the petitioner cannot be disputed. Therefore, the respondent/ Transport Corporation is directed to pay the difference / arrears of wages for the period from 01.09.2016 to 31.05.2017 in view of the Settlement, dated 04.01.2018. The respondent Corporation has to make the differential payment with interest at 6% per annum from the date of retirement of the petitioner till the date of payment. Those amounts shall be paid within a period of six weeks from the date of receipt of a copy of this order.

6. With the above observations, this Writ Petition stands disposed of. No costs.

03.09.2025 Index : Yes/No Speaking Order : Yes/No : Yes / No vum

A.D.JAGADISH CHANDIRA ,J., vum To:

1. The Managing Director, Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam Road, Coimbatore - 43.

2. The General Manager, Tamil Nadu State Transport Corporation Ltd., Erode Region, Chennimalai Road, Erode -638 001.

3. The Administrator, Tamil Nadu State Transport Corporation EPF Trust, Thiruvalluvar House, Anna Salai, Chennai - 2.

03.09.2025