The Managing Director v. S.Thangavel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR REV.APLW.(MD)No.48 of 2024 and W.P(MD) No.28924 of 2023

1. The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye-Pass Road, Madurai - 16.

2. The General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Dindigul - 4.

3. The Administrator, Tamil Nadu Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.

... Review Petitioners/ Respondents Vs.

S.Thangavel ... Respondent/Petitioner PRAYER: Review Application filed under Article 226 of the Constitution of India R/w Section 114 r/w Order XLVII Rule 1 of C.P.C, to review the order passed in W.P(MD) No.28924 of 2023, dated 07.12.2023. 1/4

For Petitioners : Mr.S.C.Herold Singh For Respondent : Mr.M.Govindan

O R D E R

The present Review Application has been filed seeking to review the order passed by this Court, on 07.12.2023, wherein, this Court has directed the payment of interest for the belated disbursement of Gratuity and Provident Fund.

2. According to the review petitioners, the writ petitioner has been dismissed from service and he is awaiting for the approval of the authorities. In the meantime, the writ petitioner had filed W.P(MD) No.64 of 2022 seeking disbursement of terminal benefits as well as the pensionary benefits. This Court, by an order dated 27.06.2023, had directed the disbursement of Gratuity and Provident Fund. Only based upon the directions of this Court, the said amount was released. The order of this Court in W.P.(MD) No.64 of 2022 was not brought to the notice of this Court in W.P(MD) No.28924 of 2023 which was disposed of. Hence, the Review Application. 2/4

3. I have gone through the order dated 27.06.2023, made in W.P(MD) No.64 of 2022. This Court has specifically found that the employee cannot be made to wait indefinitely. As of now, the writ petition filed by the Management challenging the rejection order for the third time has also been dismissed. Now, it is the contention of the Transport Corporation that they contemplate a Writ Appeal. Therefore, it is clear that the management is continuing with their litigation instead of payment of the terminal benefits. I do not find any reason to entertain the Review Application.

4. Accordingly, this Review Application stands dismissed. No costs. 29.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/4

R.VIJAYAKUMAR,J.

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