K.Govindarajan, v. The Managing Director,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.09.2018 CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.18829 OF 2018 K.Govindarajan ... Petitioner vs.
1.The Managing Director, Tamil Nadu State Transport (Kumbakonam) Limited, New Railway Feeder Road, Kumbakonam.
2.The General Manager, (Kumbakonam)Limited, Maruthupathi, Karaikudi.
3.The Administrator, Employees ' Pension Fund Trust, Office of SETC., Pallavan Salai, Chennai - 600 002.
... Respondents PRAYER:
Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the respondents to settle the provident fund accumulation, entire terminal and pension benefits with interest at the rate of 18% per annum till the date of payment.
For Petitioner : Mr.K.S.Muthu For Respondents: Mr.D.Sivaraman 1 to 3
ORDER
The petitioner was employed as Selection Grade Driver in the respondents/Corporation and he retired from service on 31.05.2018 on attaining the age of superannuation.
2. He has filed this writ petition seeking for a direction to the respondents to pay the retirement benefits including Provident Fund accumulation.
3.The First Bench of this Court in similar matter has passed
an order dated 12.06.2015 in W.A.(MD) Nos.383 to 457 of 2015, issuing direction to the transport Corporations to settle the terminal benefits of its employees in equal monthly instalments and to pay 6% interest on the terminal benefits payable to the workman. The Bench has also held that workman is entitled to 18% interest for the defaulted period of instalment. 4.In these circumstances, this writ petition is disposed of with the following directions:- i)A direction is issued to the transport corporation to settle the terminal benefits of the petitioner that are yet to be settled, in twelve equal monthly instalments; ii)The first installment shall commence by making payment on or before the Ist October 2018 and the amount in each of the remaining instalments shall be paid on or before 10th of every succeeding month;
iii) The said terminal amount shall carry interest @ 6% per annum, as per the Division Bench judgment referred to above. In case of delay in making instalments, the interest payable could be 18% for the delayed period;
iv) The aforesaid direction to settle the terminal benefits would not preclude the workman to question the computation of any of the terminal benefits, if the same is paid lesser than the amount to which, he is entitled to receive. Likewise, if the petitioner has any grievance that he is entitled to interest for the amount already settled, he can agitate the same as per law, if he is entitled. No costs.
Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS-II) To 1.The Managing Director, Tamil Nadu State Transport (Kumbakonam) Limited, New Railway Feeder Road, Kumbakonam.
2.The General Manager, (Kumbakonam)Limited, Maruthupathi, Karaikudi.
3.The Administrator, Employees ' Pension Fund Trust, Office of SETC., Pallavan Salai, Chennai - 600 002.
+ 1 CC TO MR.K.S.MUTHU, ADVOCATE IN SR NO.82096 + 1 CC TO MR.D.SIVARAMAN, ADVOCATE IN SR NO.82185 vsn BU/RP/SAR-II:01.11.2018 : 3P/6C W.P(MD)No.18829 OF 2018 04.09.2018