Veerenthiran .K v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.03.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K.Veerenthiran ... Petitioner Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Corporate Office, Kumbakonam-612 001.
2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Pudukkottai Region, Pudukkottai-622 001.
3.The Chief Financial Advisor, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Corporate Office, Kumbakonam-612 001.
4. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Anna Salai, Chennai-600 002.
... Respondents 1/7
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to revise the wages of the petitioner with effect from 01.09.2019 based on the 14th wage settlement, dated 24.08.2022 and to pay arrears of wages payable from 01.09.2019 to 30.06.2022, difference in Gratuity, difference in Leave Salary, difference in commutation and arrears of pension from 01.07.2022 to 23.05.2023 along with the interest at the rate of 12% per annum from the date of wage settlement i.e., 24.08.2022 till the date of actual payment. For Petitioner : Mr.D.Siva Raman For R1 to R3 : Mr.K.Ramaiah Standing Counsel For R4 : Mr.S.C.Herold Singh Standing Counsel
ORDER
The present writ petition has been filed seeking direction to the respondents herein to revise the wages of the petitioner with effect from 01.09.2019 based on the 14th wage settlement, dated 24.08.2022 and to pay arrears of wages payable from 01.09.2019 to 30.06.2022, difference in Gratuity, difference in Leave Salary, difference in commutation and arrears of pension from 01.07.2022 to 23.05.2023 along with the interest at the rate of 12% per 2/7
annum from the date of wage settlement i.e., 24.08.2022 till the date of actual payment.
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 Conductor in the respondent Corporation with effect from 01.07.1989. He retired on attaining the age of superannuation as Selection Grade Conductor on 30.06.2022. The respondent Corporation settled his retirement benefits only on 23.05.2023. While so, the 14th tripartite wage settlement under Section 12 (3) of the Industrial Dispute Act was entered into between the Management and the Trade Unions and the settlement was signed on 24.08.2022. As per Clause 1 of the terms of settlement, the Management agreed to revise the wages of the employees those who are in service as on 01.09.2019 by revising the pay by 5% of the earlier wages. As the petitioner retired from service with effect from 30.06.2022, he is covered under the said 14th wage settlement and accordingly, his wages should also be revised based on the said Clause of settlement, dated 24.08.2022 with effect from 01.09.2019. The respondents paid the petitioner's retirement 3/7
benefits, namely Gratuity, Leave Salary and Pension based on the pre-revised wages. Though the 4th respondent has revised the petitioner's pension from March 2023, based on the said wage revision, they have to pay the difference of pension from June 2022 to February 2023. The respondents 1 and 2 are yet to pay the difference in wages specifically from 01.09.2019 to 30.06.2022, difference in Gratuity and difference in Leave Salary. Hence, the petitioner submitted a representation to the respondents seeking for revision of his wages based on 14th wage settlement, dated 24.08.2022. However, there was no response. Hence, this writ petition came to be filed.
4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. As such, nonconsideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India. 4/7
5. This Court hereby direct the respondents to consider the representation made by the petitioner, dated 10.03.2024 and thereafter, revise the wages of the petitioner with effect from 01.09.2019 based on the 14th wage settlement, dated 24.08.2022 and pay the arrears of wages, difference in Gratuity, difference in Leave Salary, difference in commutation and arrears of Pension to which he is entitled to along with interest at the rate of 6% per annum from the date of wage settlement i.e., 24.08.2022 till the date of actual payment. The said exercise shall be completed within a period of sixteen (16) weeks from the date of receipt of a copy of this order.
6. Accordingly, this Writ Petition stands disposed of. No costs. 28.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes gbg 5/7
To 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Corporate Office, Kumbakonam-612 001.
2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Pudukkottai Region, Pudukkottai-622 001.
3.The Chief Financial Advisor, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Corporate Office, Kumbakonam-612 001.
4. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Anna Salai, Chennai-600 002.
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L.VICTORIA GOWRI, J.
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