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Madras High CourtWP/42255/2025disposed of

D.Rajadesing v. The Managing Director

2025-11-10Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN D.Rajadesing ... Petitioner -Vs1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd, Vazhuthareddy Post, Salamedu, Villupuram-605 602.

2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd, Kancheepuram Region, Kancheepuram.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to settle the Difference of Gratuity for a sum of Rs.65,000/- and difference of Leave salary for a sum of Rs.26,500/- along with interest at the rate of 6 percentage within the stipulated time. For Petitioner : Mr.J.Pradeep For Respondents : Mrs.S.Pavithra Standing Counsel

O RDER This Writ Petition has been filed for direction directing the respondents to settle the Difference of Gratuity for a sum of Rs.65,000/- and difference of Leave salary for a sum of Rs.26,500/- along with interest at the rate of 6 % within the stipulated time.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner had joined the services of the first respondent Corporation as Conductor. At the time of retirement, he was holding the post of Checking Inspector. He had retired from his service on 31.03.2017, on attaining the age of superannuation. He was disbursed with terminal benefits such as Gratuity, Provident Fund, Earned Leave Salary, pension and Commutation according to the pre-revised pay. While so, the 13th Tripartite Wage Settlement under Section 12(3) of the Industrial Dispute Act was entered into between the Management and the Trade Unions on 04.01.2018. As per the terms of settlement, the management agreed to revise the wages of the employees those who were

in service as on 01.09.2016 by revising their earlier wages. Since the petitioner had retired from service in the year 2017, he was not extended the benefits of the said Wage Settlement. Therefore, the petitioner submitted a representation seeking disbursal of the differential amount towards gratuity and leave salary with interest.

4. In view of the above, the respondents are directed to revise the wages of the petitioner with effect from 01.09.2016 in terms of the 13th Wage Settlement dated 04.01.2018 and to disburse the differential amount towards gratuity and leave salary, together with interest at the rate of 6% per annum, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above directions, this writ petition stands disposed of. No costs.

10.11.2025 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp

G.K.ILANTHIRAIYAN. J, Lpp To

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

2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd, Kancheepuram Region, Kancheepuram.

10.11.2025