N.Malaisamy v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2025

CORAM:

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Mr.N.Malaisamy ... Petitioner Vs.

1. The Managing Director, Tamil Nadu State Transport Corpn., (KMB) Ltd., New Railway Station Road, Kumbakonam - 612 001.

2. The General Manager, Tamil Nadu State Transport Corpn., (KMB) Ltd., Karaikudi Region, Managiri Post, Maruthapathi, Karaikudi, Sivagangai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents to settled the difference of gratuity of amount of Rs.49,573/- along with 6% interest 1/4

on the base of the 12(3) settlement and on the base of the petitioner's representation dated 14.11.2024.

For Petitioner : Mr.K.Gokul For Respondents : Mr.K.Ramaiah TNSTC Standing Counsel

ORDER

The instant writ petition has been filed by a retired employee of the respondent transport corporation, seeking a mandamus for disbursing the benefits arising out of the 12th wage settlement surrender under Section 12(3) of the Industrial Disputes Act, 1947.

2. According to the learned counsel for the petitioner the 12th wage settlement was entered into 13.04.2015 which is applicable to all those employees who are in service on 31.08.2013 with mandatory effect from 01.09.2013. The petitioner has attained superannuation on 31.11.2013. According to the petitioner, the benefits under the 12th wage settlement have not been conferred upon him. Therefore, the petitioner has sent a representation on 14.11.2024, seeking the said benefits. Since there is no response, the present writ petition has been filed. 2/4

3. Considering the above said facts, the respondents herein are directed to release the eligible benefits arising out of 12th wage settlement to the writ petitioner along with 6% from the due date till the date of his retirement within a period of 12 weeks from the date of receipt of a copy of this order.

24.01.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 3/4

R.VIJAYAKUMAR , J.

rgm To

1. The Managing Director, Tamil Nadu State Transport Corpn., (KMB) Ltd., New Railway Station Road, Kumbakonam - 612 001.

2. The General Manager, Tamil Nadu State Transport Corpn., (KMB) Ltd., Karaikudi Region, Managiri Post, Maruthapathi, Karaikudi, Sivagangai District.

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