T.N.Neelavathi v. The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.1780 of 2025 T.N.Neelavathi ... Petitioner -vs1.The TamilNadu State Transport Corporation (Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam.
2. The General Manager, The Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, Karaikudi.
3. The Administrator, The TamilNadu Transport Corporation, Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-02.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay the petitioner, difference amounts in gratuity, leave salary family pension arrears from 07.01.2017 to till date along with Dearness allowance on par with serving employees of Transport Corporation based on such revised wages payable to 1/4
the petitioner's husband as on the date of her husband T.R.Naganathan's death that is 07.01.201 in terms of the wage revision settlement under Section 12(3) of I.D.Act dated 04.01.2018 along with interest at the rate of 6% per annum within the time frame as may be fixed by this Court. For Petitioner : Mr.A.Rahul For Respondent Nos.1 & 2 : Mr.K.Ramaiah Standing Counsel For Respondent No.3 : Mr.S.C.Herold Singh Standing Counsel
O R D E R
The instant writ petition has been filed by the wife the deceased employee seeking a mandamus to disburse the terminal benefits arising out of 12(3) wage settlement dated 04.01.2018.
2. According to the learned Counsel appearing for the writ petitioner, the petitioner's husband was working as Selection Grade Conductor in the respondent Transport Corporation. The petitioner's husband was died on 07.01.2017 while he was in service. He further contended that the 12(3) Wage Settlement was arrived on 04.01.2018, and the pay of all Transport Corporation employees were revised retrospectively from 01.09.2016. The 2/4
petitioner's husband is eligible to receive benefits under the 12(3) wage settlement dated 04.01.2018 and he is eligible to receive the said benefits and for revision of his pensionary benefits.
3. The petitioner has sent a representation to the said effect on 26.09.2024. Since, there is no response from the respondents, the present writ petition has been filed.
4. Considering the above said facts, the respondent Transport Corporation is directed to disburse the eligible terminal benefits arising out of 12(3) wage settlement dated 04.01.2018 to the writ petitioner along with 6% interest from the due date till the date of disbursement within a period of twelve (12) weeks from the date of receipt of a receipt of a copy of this order.
5. With the above said observations, this writ petition stands disposed of. No costs.
23.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No gvn 3/4
R.VIJAYAKUMAR,J.
gvn To 1.The TamilNadu State Transport Corporation (Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam.
2. The General Manager, The Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, Karaikudi.
3. The Administrator, The TamilNadu Transport Corporation, Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-02.
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