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Madras High CourtWP/47963/2025disposed of with direction

C.Kolandasami v. The Management Of

2025-12-11Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.12.2025 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI C.Kolandasami ... Petitioner (In W.P.No.47963 of 2025) C.Mani ... Petitioner (In W.P.No.47970 of 2025) P.Thangavel ... Petitioner (In W.P.No.47972 of 2025) Vs.

The Management of Tamilnadu State Transport Corporation (Kovai) Ltd, Erode Region, Rep.by its Managing Director, Erode.

... Respondent (In all Petitions) 1/6

Prayer in W.P.No.47963 of 2026 :Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to revise/re-fix petitioner's scale of pay w.e.f. 01.09.13 to till his retirement, based on the wage settlement dated 13.04.15 and consequently to pay him difference/arrears of wages for the period from 01.09.13 to 31.01.15 and also terminal benefits namely Gratuity and Encashment of Leave, after revising the same based on such re-fixed scale of pay payable to him on the month of his retirement, together with 18% interest per annum, within a time frame as may be fixed by this Hon'ble Court.

Prayer in W.P.No.47970 of 2026 :Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to pay the petitioner the difference/arrears of terminal benefits namely Gratuity and Encashment of Leave, after revising the same based on the scale of pay payable to him from 01.09.23 as admitted by the Respondent in the RTI information dated 29.09.25, together with 18% interest per annum, within a time frame as may be fixed by this Hon'ble Court.

Prayer in W.P.No.47972 of 2026 :Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to pay the petitioner the difference/arrears of terminal benefits namely Gratuity and Encashment of Leave, after revising the same based on the scale of pay payable to him from 01.09.23 as admitted by the 2/6

Respondent in the RTI information dated 21.10.25, together with 18% interest per annum, within a time frame as may be fixed by this Hon'ble Court.

For Petitioner : Mr.V.Ajay Khose For Respondent : Mr.M.Murali Vinoth, Standing Counsel.

COMMON ORDER Since the issue raised in these writ petitions is one and the same, these writ petitions are disposed of by way of this common order.

2. These Writ Petitions have been filed seeking a direction to the respondents to pay the difference/arrears of terminal benefits namely Gratuity and Encashment of Leave to the respective petitioner, after revising the same based on the scale of pay payable to them as per the new wage settlement under Section 12(3) of the Industrial Disputes Act, 3/6

3. The petitioners were appointed as Conductor, Security Guard or Junior Assistant in the Respondent Corporation and after rendering more than 30 years of service, were upgraded to higher cadre posts. The petitioners retired from service prior to the wage settlements entered into under Section 12(3) of the Industrial Disputes Act, 1947, dated 13.04.2015 & 29.05.2025, which were given retrospective effect from 01.09.2013 & 01.09.2023 respectively. As per the said settlements, the petitioners are entitled revision of pay and consequential terminal benefits such as gratuity and encashment of leave with effect from 01.09.2013 & 01.09.2023 respectively. However, the said benefits have not been extended to the petitioners. Though the petitioners submitted a representation dated 24.10.2025 in this regard to the respondent, the same was not considered and therefore, in order to espouse the said cause, the petitioners have come up with present Writ Petitions.

4. Heard the learned counsel appearing for the petitioners and the learned standing counsel appearing for the respondent corporation. 4/6

5. In view of the settlement arrived at under Section 12(3) of the Industrial Disputes Act, 1947, which entitles the employees of the Transport Corporation to revision of pay scale including Gratuity and encashment of leave, the respondent is directed to implement the revised pay scales to the petitioners in terms of the said settlement along with interest. The said exercise shall be completed within a period of twelve

(12) weeks from the date of receipt of a copy of this order.

6. Accordingly, these Writ Petitions are disposed of with the aforesaid direction. There shall be no order as to costs. 11.12.2025 Nhs Index : Yes / No Speaking Order / Non-speaking order 5/6

M.DHANDAPANI,J.

Nhs 23.01.2026 6/6