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Madras High CourtWP/48759/2025disposed of with direction

K.Asokan v. The Management Of

2025-12-17Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.12.2025 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.

48759,48762,48764 & 48766 of 2025 K.Asokan ... Petitioner (In W.P.No.48759 of 2025) N.Paneerselvam ... Petitioner (In W.P.No.48762 of 2025) D.Selvaraj ... Petitioner (In W.P.No.48764 of 2025) S.Ravikumar ... Petitioner (In W.P.No.48766 of 2025) Vs.

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

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

Prayer in W.P.No.48759 of 2025 :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 01.09.2023, ad admitted by the respondent in the RTI information dated 14.10.2025, together with 18% interest per annum.

Prayer in W.P.No.48762 of 2025 :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 01.09.2023 as admitted by the Respondent in the RTI information dated 15.09.2025, together with 18% interest per annum.

Prayer in W.P.No.48764 of 2025 :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 01.09.2023 as admitted by the Respondent in the RTI information dated 29.09.2025, together with 18% interest per annum.

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Prayer in W.P.No.48766 of 2025: Writ Petition is filed under Article 226 of the Constitution of India, praying 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 01.09.2023, ad admitted by the respondent in the RTI information dated 22.10.2025, together with 18% interest per annum.

For Petitioner : Mr.V.Ajay Khose For Respondent : Mr.R.Gowthamaraj 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, 1947.

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3. The petitioners were appointed as Driver, Junior Tradesman, Conductor 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 29.05.2025, which were given retrospective effect from 01.09.2013 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 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 if they are eligible 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. 17.12.2025 vm Index : Yes / No Speaking Order / Non-speaking order 5/6

M.DHANDAPANI,J.

vm To:

The Managing Director, The Management of Tamil Nadu State Transport Corporation (Kovai) Ltd, Erode Region, Coimbatore.

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