S.Danasekaran v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 01.09.2025 Coram:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA --- S.Danasekaran .. Petitioner Vs.
1. The Managing Director, 3/137, Salamedu, Villupuram - 605 602.
2. The General Manager, Vellore Region, Rangapuram, Vellore-632 009.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents to revise the petitioner's wages with effect from 01.09.2016 based on the 13th wage settlement, dated 04.01.2018 and pay him the difference in gratuity and leave liability along with interest at the rate of 12% per annum from the date of entitlement to till the date of actual disbursement within a time limit to be stipulated by this Court.
For petitioner : Mr.J.Lakshmi Narayanan For respondents : Ms.S.Pavithra, Standing Counsel for respondent 1 / 5
ORDER
The petitioner has filed the present Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents to revise the petitioner's wages with effect from 01.09.2016 based on the 13th wage settlement, dated 04.01.2018 and pay him the difference in gratuity and leave liability along with interest at the rate of 12% per annum from the date of entitlement to till the date of actual disbursement within a time limit to be stipulated by this Court.
2. The petitioner was working as Foreman and retired from service. The respondents/Corporation settled his retirement benefits, namely gratuity, leave salary and pension based on the pre-revised wages. The 13th tripartite wage settlement under Section 12(3) of the Industrial Disputes Act, was entered and signed on 04.01.2018, and Clause 1 of the terms of settlement states that the employees who are in service on 01.09.2016, are eligible to get revised wages. The petitioner is covered under the above said settlement and so, his wages also should be revised based on the terms of the settlement. Though the respondents have revised petitioner's pension from September 2019, based on the said wage revision, they are still bound to pay the difference in gratuity and leave liability. Therefore, the petitioner submitted a detailed representation to the respondents seeking for revision of his wages and consequential retirement benefits based on the 13th wage settlement, dated 04.01.2018. However, no response evoked from 2 / 5
the respondents till date. Hence, the present Writ Petition is filed by the petitioner for the relief stated supra.
3. The case of the petitioner is squarely covered by the order of this Court, dated 27.03.2025 in W.P.No.10668 of 2025 (G.Krishnamurthy Vs. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd.).
4. Accordingly, the respondents are directed to examine as to whether the petitioner is eligible for such benefit to be paid based on the settlement entered into between the parties and if he is eligible, the respondents shall pay the necessary amount to him. The petitioner is also entitled to get interest at the rate of 6% per annum from the date of settlement till the date of disbursement. The entire exercise must be completed within a period of four months from the date of receipt of a copy of this order.
5. With the above direction, the writ petition is disposed of. There shall be no order as to costs.
01.09.2025 cs To
1. The Managing Director, 3/137, Salamedu, Villupuram - 605 602.
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2. The General Manager, Vellore Region, Rangapuram, Vellore-632 009.
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A.D.JAGADISH CHANDIRA, J cs 01.09.2025 5 / 5