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Madras High CourtWP/32185/2017dismissed as infructuous

K.Ponnusamy v. Tamil Nadu State Transport

2023-08-14Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI K.Ponnusamy ... Petitioner Vs.

1. The Tamil Nadu State Transport Corporation (Villupuram) Limited, Represented by its Managing Director, Vazhuthareddy, Villupuram - 605 602.

2. The General Manager, Tamil Nadu State Transport Corporation (Villupram) Limited, Tiruvannamalai Region, Tiruvannamalai.

3. The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Tiruvallur House, Pallavan Salai, Chennai - 600 002.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to pay the interest on the terminal benefits, balance earned leave encashment payment, arrears of wages in terms of Clause 1 and Clause 5 of the Settlement entered under Section 12(3) of the Industrial Disputes Act, 1947 dated 13.04.2015 with effect from 01.09.2013 till the date of retirement viz., 31.01.2014 and difference of terminal benefits arising out of revision of wages with 12% interest per annum to the petitioner. For Petitioner :

Mr.Balan Haridas For Respondents :

Mr.M.Aswin

O R D E R

The Writ Petition has been filed to direct the respondents to pay the interest on the terminal benefits, balance earned leave encashment payment, arrears of wages in terms of Clause 1 and Clause 5 of the Settlement entered under Section 12(3) of the Industrial Disputes Act, 1947 dated 13.04.2015 with effect from 01.09.2013 till the date of retirement viz., 31.01.2014 and difference of terminal benefits arising out of revision of wages with 12% interest per annum to the petitioner.

2. Today when the matter is taken up for hearing, the learned counsel appearing for the petitioner submitted that, during the pendency of the Writ Petition, the amount was settled to the petitioner and hence, nothing survives for further adjudication in this Writ Petition. However, if any outstanding is there, the petitioner may be permitted to workout his remedy in the manner known to law.

3. In view of the said submission made by the learned counsel appearing for the petitioner, this Writ Petition is dismissed as infructuous. However, the petitioner is at liberty to workout his remedy in the manner known to law, if any amount is due and payable to him. No costs. 14.08.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The Managing Director, The Tamil Nadu State Transport Corporation (Villupuram) Limited, Vazhuthareddy, Villupuram - 605 602.

2. The General Manager, Tamil Nadu State Transport Corporation (Villupram) Limited, Tiruvannamalai Region, Tiruvannamalai.

3. The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Tiruvallur House, Pallavan Salai, Chennai - 600 002.

M.DHANDAPANI, J.

vji 14.08.2023