K.Pandi v. The Management Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.03.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K.Pandi ... Petitioner Vs.
The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, Represented by its Managing Director, Karaikudi.
... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to revise / re-fix the scale of pay of the petitioner w.e.f 01.09.19 to till his retirement, based on the wage settlement, dated 24.08.22 and consequently to pay him difference / arrears of wages for the period from 01.09.19 to 30.06.21 and also terminal benefits, namely Gratuity and Encashment of Leave, after revising the same based on such re-fixed scale of pay payable to him on the month of his retirement, together with 18% interest per annum, within a time frame as may be fixed by this Court.
For Petitioner : Mr.S.Arunachalam For Respondent : Mr.K.Jegadeesh Balan Standing Counsel 1/4
ORDER
The present writ petition has been filed seeking direction to the respondent to revise / re-fix the scale of pay of the petitioner w.e.f 01.09.19 to till his retirement, based on the wage settlement, dated 24.08.22 and consequently to pay him difference / arrears of wages for the period from 01.09.19 to 30.06.21 and also terminal benefits, namely Gratuity and Encashment of Leave, after revising the same based on such re-fixed scale of pay payable to him on the month of his retirement, together with 18% interest per annum, within a time frame as may be fixed by this Court.
2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. The petitioner was appointed as a Junior Tradesman in the respondent Corporation on 01.09.1987 and he retired from service as Selection Grade Tradesman on 30.06.2021.
4. Subsequently, settlement was entered into between the Union and the Management on 24.08.2022. But it was made applicable with effect from 2/4
01.09.2019. Therefore, the petitioner was also entitled to the benefit under the said settlement dated 24.08.2022. But his terminal benefits were settled without reference to the terms of the settlement. Therefore, the petitioner is entitled to not only the difference in benefits but also interest thereon.
5. This stand of the petitioner cannot be disputed. I therefore, direct the respondent Corporation to pay arrears of wages and differential benefits in respect of Gratuity and Encashment of Leave as per wage settlement, dated 24.08.2022. This amount shall be paid within a period of six (6) months from the date of receipt of a copy of this order. The respondent has to make the differential payment with 6% interest per annum to be computed from the date of the petitioner's retirement till the date of payment.
6. The Writ Petition is disposed of. No costs. 15.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes gbg 3/4
L.VICTORIA GOWRI, J.
gbg To The Managing Director, The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, Karaikudi.
15.03.2024 4/4