The Managing Director v. P.Karuppiah

W.A.No.2488 of 2018 and C.M.P.No.20160 of 2018 R.SUBRAMANIAN, J.

and SATHI KUMAR SUKUMARA KURUP, J.

Mr.P.M.Subramaniam, learned Senior Counsel appearing for the respondent would accept the calculation memo filed by the learned Additional Advocate General. He would, however submit that there is a huge delay in payment of the pension and therefore, the respondents should be directed to pay interest.

2.We see considerable justification in the claim of the learned counsel, since there should be no delay in payment of retiral benefits of the employee, which belongs to him. We find that there is considerable delay in payment of retiral benefits in both the cases.

3.Even in the order passed in the Writ Appeal, the Division Bench has observed as follows:- "7.1.This appeal is dismissed.

7.2.The appellant - Corporation is directed to pay the terminal dues to the workman (writ petitioner) as directed by learned single Judge, not later than 17.10.2022. https://www.mhc.tn.gov.in/judis

R.SUBRAMANIAN, J.

and SATHI KUMAR SUKUMARA KURUP, J.

7.3.The question of compensating the workman appropriately, shall be considered, once the terminal dues are paid to the workman."

4.In view of the paragraph 7.3 of the order made in the Writ Appeal, we are of the considered opinion that the Corporation should pay interest for the belated payment at 7.5% p.a. from the date on which they are actually due till date of payment. The said interest shall be paid within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that his direction to pay interest will not be a precedent to other cases. (R.S.M., J.) (S.S.K., J.) 31.01.2023 kkn W.A.No.2488 of 2018 and C.M.P.No.20160 of 2018 https://www.mhc.tn.gov.in/judis