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Madras High CourtWP/42784/2025disposed of

E.Pachiyappan v. The Managing Director

2025-11-11Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. E.Pachaiyappan

2. M.Govindarajulu

3. M.Alinawaz ... Petitioners -Vs1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd, No.3/137, Salamedu, Kandamanadi P.O, Villupuram-605 401.

2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd, Kanchipuram Region, Chennai- Bangaluru National High Way, Ponnerikkarai, Kanchipuram- 631 552.

3. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Trust, Thiruvalluvar Illam, No.2, Pallavan Salai, Chennai-600 002.

... 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 pay the difference in Gratuity and Leave Salary with 10

percent interest and 10 percent for belated payment of difference in commutation of pension amount as per 13th wage settlement dated 04.01.2018 to the petitioners.

For Petitioners : Mr.S.T.Varadarajalu For R1 and R2 : Mrs.S.Pavithra Standing Counsel O RDER This Writ Petition has been filed for direction directing the respondent to pay the balance amount of Rs.60,556/- with 12 percent interest from the date of retirement i.e, on 31.05.2023 to till the date of payment within a specific period of time as may be fixed by this Court by considering petitioner representation dated 07.07.2025.

2. Heard the learned counsel for the petitioners and the learned Standing Counsel for the respondents 1 and 2 and perused the materials available on record.

3. The petitioners had joined the services of the first respondent Corporation as Driver and Technical Staff. At the time of retirement, they were holding the post of Senior Trades Man, Sr.Mazdoor and Special

Grade Driver. They had retired from their services in the year 2017 on attaining the age of superannuation. They were 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 pay as (Basic Pay + Grade Pay) x 2.44 of the earlier wages. Since the petitioners had retired from service in the year 2017, they were not extended the benefits of the said Wage Settlement. Therefore, the petitioners submitted representations 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 petitioners 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.

11.11.2025 (1⁄2) Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

To

1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd, No.3/137, Salamedu, Kandamanadi P.O, Villupuram-605 401.

2. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd, Kanchipuram Region, Chennai- Bangaluru National High Way, Ponnerikkarai, Kanchipuram- 631 552.

3. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Trust, Thiruvalluvar Illam, No.2, Pallavan Salai, Chennai-600 002.

G.K.ILANTHIRAIYAN. J, mn 11.11.2025