Jemy Meghala v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.04.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD)No.7723 of 2024 A.Jemy Meghala .. Petitioner Vs.
The Managing Director, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, Karaikudi, Sivagangai District.
.. Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent herein to deposit the balance compensation of Rs.9,97,891-90 together with interest payable from 07.06.2023 till date of realization as per the Award dated 23.05.2022 made in E.C.No.33 of 2018 Page No.1/6
passed by the Commissioner of Employees Corporation, Madurai within a reasonable time as may be fixed by this Court. For Petitioner : Mr.K.Muruganandam For Respondent : Mr.K.Ramaiah Standing Counsel
ORDER
The petitioner has filed this writ petition for a direction to the respondent herein to deposit the balance compensation of Rs.9,97,891-90 together with interest payable from 07.06.2023 till the date of realization as per the Award dated 23.05.2022 made in E.C.No.33 of 2018 passed by the Commissioner of Employees Corporation, Madurai within a time frame.
2. Heard Mr.K.Muruganandam, learned counsel for the petitioner and Mr.K.Ramaiah, learned Standing Counsel for the respondent.
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3. Mr. K.Ramiah, learned Standing counsel for the respondent submitted that without giving any representation, the petitioner has chosen to file this writ petition. The respondent, who is the party to the Employees Compensation claim before the Commissioner of Workmen Compensation Tribunal, could have been very well aware of the award passed in the said proceedings in E.C.No.33/2018 dated 23.05.2022.
4. The respondent being a party to the said proceedings cannot expect the petitioner to come with an application to discharge his obligation. However, the respondent submitted that there is a difference in calculating the interest attached to the award amount and that is the reason why the petitioner has filed this writ petition.
5. If there is any variation in the calculation in respect of the interest made by both the parties, they are at liberty to file mutual calculation memo to sort out the eligible interest and the respondent Page No.3/6
shall pass orders accordingly.
6. The petitioner is at liberty to file her calculation within a period of two weeks from the date of receipt of a copy of this order . On such filing of calculation by the petitioner, the respondent shall furnish his own calculation to the petitioner within two weeks from the day on which they received the calculation from the petitioner and thereafter, the respondent shall consider and pass appropriate orders within a period of four weeks.
7. With the above direction, this writ petition is disposed of. No Costs.
10.04.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No PJL Page No.4/6
To The Managing Director, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, Karaikudi, Sivagangai District.
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R.N.MANJULA , J.
PJL Order made in W.P.(MD)No.7723 of 2024 10.04.2024 Page No.6/6