A.Vargheese v. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.03.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI A.Vargheese ... Petitioner Vs.
1.The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli Division, Represented by its Managing Director, Kattapomman Nagar, V.M.Chathiram, Tirunelveli.
2.The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Represented by its General Manager, Ranithottam, Nagercoil.
3.The Administrator, Tamil Nadu State Transport Employee's Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to revise petitioner's scale of pay w.e.f 01.09.2016 based on the new wage settlement, dated 04.01.2018 and consequently to pay the petitioner difference / 1/5
arrears of wages for the period from 01.09.2016 to 30.04.2017 and also the difference in petitioner's terminal benefits namely Gratuity, Encashment of Leave, after revising the same based on such re-fixed scale of pay payable to petitioner on the month of the petitioer's retirement, together with 18% interest per annum within a time frame fixed by this Court. For Petitioner : Mr.R.Murugan For R1 : Mr.D.Jebaraj Standing Counsel For R2 : Mr.S.C.Herold Singh Standing Counsel
ORDER
The present writ petition has been filed seeking direction to the 1st respondent to revise petitioner's scale of pay w.e.f 01.09.2016 based on the new wage settlement, dated 04.01.2018 and consequently to pay the petitioner difference / arrears of wages for the period from 01.09.2016 to 30.04.2017 and also the difference in petitioner's terminal benefits namely Gratuity, Encashment of Leave, after revising the same based on such re-fixed scale of pay payable to petitioner on the month of the petitioer's retirement, together with 18% interest per annum within a time frame fixed by this Court. 2/5
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 Tradesman in the respondent Corporation on 09.04.1987 and retired as Senior Grade Checking Inspector on 30.04.2017.
4. Subsequently, settlement was entered into between the Union and the Management on 01.04.2018. But it was made applicable with effect from 01.09.2016. Therefore, the petitioner was also entitled to the benefit under the said settlement dated 01.04.2018. 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 differential benefits in respect of gratuity and leave salary. This amount shall be paid within a period of six months from the date of receipt of a copy of this order. The respondents have to make the 3/5
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 stands disposed of. No costs. 15.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Managing Director, The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli Division, Kattapomman Nagar, V.M.Chathiram, Tirunelveli.
2.The General Manager, The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Ranithottam, Nagercoil.
3.The Administrator, Tamil Nadu State Transport Employee's Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.
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L.VICTORIA GOWRI, J.
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