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Madras High CourtWP/33106/2019dismissed

P.Rathinam v. The Managing Director

2019-11-27Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :27.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.33106 of 2019 P.Rathinam ...

Petitioner Vs The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, 12, Ramakrishna Salai, Salem 636 007.

... Respondent Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a WRIT OF MANDAMUS, directing the respondent to settle a sum of Rs. 2,581/- towards EPF for the period from 2000 to 2012 a sum of Rs. 2,40,924/- towards EPF for the period from 1986 to 1999 a sum of Rs.26,374/- towards Family Welfare Fund a sum of Rs. 70,000/- towards Employees Retirement Benefits Scheme a sum of Rs. 7,293/- towards surrender of leave a sum of Rs. 1 000 towards E.E.C. and PMC a sum of Rs. 58,045/- towards surrender of earned leave a sum of RS.58,045/- towards surrender of earned leave a sum of Rs.7,600/- towards bonus for the year 2011-12 a sum of Rs.75,337/- towards interest on gratuity and a sum of Rs.16,014/- towards interest on surrender of leave and altogether a sum of Rs.5,05,168/- with 12 percentage per annum.

For Petitioner : Mr.D.Soundar raj.

For Respondent : Mr.R.K.Gandhi

O R D E R

1.The present writ petition has been filed by the petitioner praying for the issuance of Writ of Mandamus, to direct the respondent to settle a sum of Rs. 2,581/- towards EPF for the period from 2000 to 2012 a sum of Rs. 2,40,924/- towards EPF for the period from 1986 to 1999 a sum of Rs.26,374/- towards Family Welfare Fund a sum of Rs. 70,000/- towards Employees Retirement Benefits Scheme a sum of Rs. 7,293/- towards surrender of leave a sum of Rs. 1 000 towards E.E.C. and PMC 1/3

a sum of Rs. 58,045/- towards surrender of earned leave a sum of RS.58,045/- towards surrender of earned leave a sum of Rs.7,600/- towards bonus for the year 2011-12 a sum of Rs.75,337/- towards interest on gratuity and a sum of Rs.16,014/- towards interest on surrender of leave and altogether a sum of Rs.5,05,168/- with 12 percentage per annum.

2.In fact seeing the very same relief the petitioner has already moved this Court by filing a Writ Petition in WP.No.2541/2019, which came to be disposed of by this Court vide order dated 31.01.2019, directing the respondent to consider the representation of the petitioner dated 24.10.2018 made by the petitioner, requesting to settle the entire terminal benefits due and payable to him. Despite this order, it appears that the respondents have not considered the claim of the petitioner which prompted the petitioner to move the present writ petition before this Court. If the respondent has not complied with the order, the petitioner should work out his remedy in the manner known to law by filing the appropriate contempt petition, instead of, the petitioner has again come forward with the present writ petition which in the opinion of this Court is not maintainable.

3.Accordingly, this present writ petition is dismissed. No costs. The petitioner is at liberty to workout his remedy pursuant to the earlier order of this Court in the manner known to law.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar To The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, 12, Ramakrishna Salai, Salem 636 007.

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+1 cc to Mr.R.K.Gandhi Advocate sr 98673 +1 cc to mr.D.Soundar Raj Advocate sr98663 W.P.No.33106 of 2019 aa20/01/2020 3/3