Madras High CourtWP(MD)/4483/2026allowed

J.Nambirajan v. The Additional Chief Secretary To Government Of Tamil Nadu

2026-02-18Honourable Mr Justice B.Pugalendhi9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2026

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI J.Nambirajan ... Petitioner Vs.

1.The Additional Chief Secretary to Government of Tamil Nadu Transport Department Secretariat Chennai 600 009.

2.The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd Represented by its Managing Director Kumbakonam 3.The General Manager The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd Nagapattinam Region Nagapattinam 4.The Administrator The Tamil Nadu Transport Corporation Employees Pension Fund Trust Thiruvalluvar Illam Pallavan Salai Chennai 600 002

...Respondents

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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 compute and pay differential amounts to the petitioner in the benefits in respect of Gratuity, Encashment of Leave Salary, Monthly Pension by extending the benefit of 15th wage revision settlement entered under Section 12(3) of I.D. Act dated 29.05.2025 and also giving him Dearness Allowance on par with serving employees of Transport Corporation and to pay him Arrears from the date of his retirement i.e. 29.02.2024 together with interest at the rate of 6 percent per annum for the differential payment to be computed from the date of his retirement till the date of payment within a time frame as may be fixed by this Court.

For Petitioner : Mr.A.Rahul For R1 : Mr.G.V.Vairam Santhosh, Additional Government Pleader For R2 & R3 : Mr.K.Ramaiah, Standing Counsel For R4 : Mr.S.C.Herold Singh, Standing Counsel.

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ORDER

The petitioner has joined as a Driver in the respondent transport corporation on 31.08.1989 and retired from service on 29.02.2024. The retirement benefits due to him were settled by the respondent belatedly. However, 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 retired from service on 29.02.2024 and therefore, the petitioner made a representation to the respondents seeking the benefits due to him as 3/9

per the 15th wage settlement. Alleging inaction, he has filed this writ petition seeking a mandamus directing the respondents to revise his wages, based on the 15th wage settlement dated 29.05.2025 and to pay the benefits with interest.

3.G.V.Vairam Santhosh, learned Additional Government Pleader takes notice for the first respondent and Mr.K.Ramaiah, learned Standing Counsel takes notice for the respondents 2 & 3. Mr.S.C.Herold Singh, learned Standing Counsel takes notice for the fourth respondent and submits that as per Clause 37(b) of the settlement u/s.12(3) of the 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 and pay the amount on four quarterly installments. According to him, they would calculate the difference of pay, if any, due to the petitioner and it would be paid within a reasonable time. 4.This Court paid it's anxious consideration to the rival 4/9

submissions made on either side 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; tHq;fg;gLk;."

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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 this 15th wage settlement. The petitioner was retired from service on 29.02.2024 and he was paid with the retirement benefits as per the earlier wage settlement. 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 monetary benefits, pursuant to the revision of scale of pay from 01.09.2024 and the consequential retirement benefits.

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 6/9

01.09.2023 and provide the monetary benefits with effect from 01.09.2024, as per the 15th wage settlement dated 29.05.2025 and settle the benefits along with arrears 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. 18.02.2026 NCC: Yes/No Index:Yes/No Internet:Yes gns 7/9

To 1.The Additional Chief Secretary to Government of Tamil Nadu Transport Department Secretariat Chennai 600 009.

B.PUGALENDHI, J.

gns 18.02.2026 9/9