V.Arasakumar v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN V.Arasakumar ... Petitioner

Versus

1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Vizhupuram - 605 602

2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 632 009

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India for an issuance of a Writ of Mandamus directing the respondents to revise the wages of the petitioner with effect from 01.09.2016 based on the 13th Wage Settlement dated 04.01.2018 and pay the difference in gratuity and leave liability along with the interest at the rate of 12% per annum from the date of entitlement to till the date of actual disbursement within a time limit.

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For Petitioner : Mr.J.Lakshminarayan For Respondents : Mr.R.Venkatesa Perumal Standing Counsel

O R D E R

The present Writ Petition has been filed by the petitioner for issuance of a Writ of Mandamus directing the respondents to revise the wages of the petitioner with effect from 01.09.2016 based on the 13th Wage Settlement dated 04.01.2018 and pay the difference in gratuity and leave liability along with the interest at the rate of 12% per annum from the date of entitlement to till the date of actual disbursement within a time limit.

2. The case of the petitioner is that the petitioner is a retired employee from the Respondent/Corporation. The grievance of the petitioner is that though the 13th Tripartie Wage Settlement under Section 12(3) of the Industrial Dispute Act was entered and signed on 04.01.2018 and the petitioner is covered under the above mentioned settlement, the respondents have revised the petitioner's pension from September, 2016 and respondents are bound to pay the same, however, the same has not been done. Hence the petitioner submitted representations to the respondents on 10.01.2024 with regard to the 2/5

said issue. However, no action has been taken by the respondents till date. Hence this petition.

3.The learned counsel for the petitioner submitted that it would suffice if this Court issues a direction to the respondents to consider the petitioner's representation and pass orders.

4. The learned standing counsel appearing for the respondents submitted that the representation of the petitioners will be considered and will pay the eligible amount with 6% interest P.A as per the earlier orders of this Court.

5. Considering the facts of the case, this Court on submission made by either side counsel directs the respondents to consider the representation of the petitioner and pass orders on the claim made by the petitioner within a period of twelve weeks from the date of receipt of a copy of this Order with 6% interest per annum from the date on which the amount became due and payable till the date of disbursement. It is made clear that if the amount is not paid within the time frame fixed by this Court, the same will carry interest at the rate of 12% per annum 3/5

from the date on which the amount became due and payable till the date of disbursement.

6.With the above directions, this Writ Petition stands disposed of. No order as to costs.

21.12.2024 Index : Yes/No Internet: Yes / No Speaking order : Yes/No ssd 4/5

V.BHAVANI SUBBAROYAN, J.

ssd To

1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Vizhupuram - 605 602

2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore - 632 009 21.12.2024 5/5