Madras High CourtWP(MD)/874/2026ordered

Vairavalingasamy S v. The Management Of

2026-01-12Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2026 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI S.Vairavalingasamy ... Petitioner Vs.

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

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the respondent to revise/re-fix the scale of pay of the petitioner w.e.f. 01.09.2023 till his retirement, based on the wage settlement dated 29.05.2025 and consequently to pay him difference/arrears of 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 Court.

For Petitioner : Mr.S.Arunachalam For Respondent : Mr.K.Ramaiah, Standing Counsel 1/6

ORDER

The petitioner worked as a Conductor in the respondent Transport Corporation and retired from service on 30.04.2024. The 15th tripartite wage settlement under Section 12(3) of the Industrial Disputes Act was entered into between the Management and Trade Unions on 29.05.2025. As per Clause 1 of the terms of settlement, the Management has agreed to revise the wages of the employees who were in service as on 01.09.2023 by revising the pay by 6% of the earlier wages, with effect from 01.09.2023 notionally and monetary benefits with effect from 01.09.2024.

2.Admittedly, the petitioner was in service as on 01.09.2023 and therefore, the petitioner made a representation to the respondent seeking the benefits due to him as per the 15th wage settlement. Alleging inaction, he has filed this writ petition seeking a mandamus to the respondent to revise his wages, based on the 15th wage settlement dated 29.05.2025 and to pay the benefits with interest. 3.Mr.K.Ramaiah, learned Standing Counsel takes notice for the respondent and submits that as per Clause 37(b) of the settlement u/s.12(3) of the ID Act dated 29.05.2025, the Management is expected to revise the scale of pay from 01.09.2023 and to calculate the arrears of amount with effect from 01.09.2024, which is payable in four quarterly installments. According to him, they would 2/6

calculate the same and if there is any due, it would be paid to the petitioner within a reasonable time.

4.This court has considered the rival submissions made and perused the materials placed on record.

5.The 15th wage settlement under Section 12(3) of the Industrial Disputes Act was entered into between the Management and the Unions on 29.05.2025. As per Clause 1 of the terms of the settlement, the Management has agreed to revise the wages of the employees, who were in service as on 01.09.2023, by revising the pay by 6% of the earlier wages. Therefore, the monetary benefits would be paid with effect from 01.09.2024 and the arrears if any, would be settled in four quarterly installments.

6.Clause 37(b) of the settlement dated 29.05.2025 reads as under:- "M) ,e;j xg;ge;jj;jpd; K:ykhd gzg;gad;

epYitj; bjhif 01/09/2024 Kjy; fzf;fplg;gl;L 4 jtizfshf fhyhz;LnjhWk; tH';fg;gLk;."

7.The petitioner was in service as a permanent employee of the Transport Corporation as on 01.09.2023 and therefore, he is entitled for the benefits as per 3/6

this 15th wage settlement. The petitioner retired from service on 30.04.2024. The 15th wage settlement provides revision of scale of pay by 6% on the basic pay, for those who were in service as on 01.09.2023, however monetary benefits with effect from 01.09.2024. Therefore, the petitioner is entitled for the benefits, pursuant to the revision of scale of pay from 01.09.2024. 8.Admittedly, such a revision has not been made till date. Any belated settlement of monetary benefits due to an employee needs to be settled with interest at the rate of 6% per annum. Therefore, this writ petition stands allowed with a direction to the respondent Transport Corporation to revise the pay scale of the petitioner with effect from 01.09.2023 and provide the benefits with effect from 01.09.2024, as per the 15th wage settlement dated 29.05.

2025 to the petitioner within a period of six months from the date of receipt of a copy of this order, with interest @ 6% per annum. The interest shall be calculated for the period beyond Clause 37(b) of the settlement dated 29.05.2025 till the date of actual payment. There shall be no order as to costs. 12.01.

To The Managing Director, Tamilnadu State Transport Corporation (Madurai) Ltd., Virudhunagar Region, Virudhunagar.

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B.PUGALENDHI, J.

ogy 12.01.2026 6/6