Madras High CourtWP(MD)/14769/2015disposed of

B. Kunjithapatham v. Tamilnadu State Transport

2016-03-02Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:02.03.2016

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.14769 of 2015 B.Kunjithapatham ... Petitioner Vs.

Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., represented by its Managing Director Kumbakonam - 612 204.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the Respondent to pay the petitioner the difference in salary for the month of September and October, 2010, difference in retirement benefits including gratuity amount based on new pay band introduced in settlement dated 22.01.2011, under Section 12

(3) of the Industrial Disputes Act, 1947 which came into effect from 01.09.2010 and difference in unavailed leave salary together with interest at the rate of 18% per annum and further directing the respondents to pay interest at the rate of 18% per annum for the belated payment of commuted value of pension, gratuity amount, leave salary.

For Petitioner : Mr.A.Rahul For Respondents : Mr.D.Sivaraman

ORDER

Though the prayer in the Writ Petition is widely worded, the learned counsel for the petitioner submitted that the petitioner would be satisfied if his representation, dated 10.10.2012 is directed to be disposed of by the respondent / Transport Corporation, in the light of the settlement signed under Section 12(3) of the Industrial Disputes Act, dated 22.01.2011, within a stipulated time.

https://hcservices.ecourts.gov.in/hcservices/ 2.Heard the learned counsel for the respondents on the above submission made by the learned counsel for the petitioner.

3.In view of the above submission made by the learned counsel for the petitioner, the respondent is directed to dispose of the representation of the petitioner, dated 10.10.2012, in the light of the settlement signed under Section 12(3) of the Industrial Disputes Act, dated 22.01.2011, within a period of eight weeks from the date of receipt of a copy of this order.

4. The Writ Petition is disposed of accordingly. No Costs. Sd/- Assistant Registrar(CO-Dept) /True copy/ Sub Assistant Registrar gcg To 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam-612 204.

+one cc to M/s.A.Rahul, Advocate in SR.No.12097 +one cc to M/s.D.Sivaraman, Advocate in SR.No.12400 CSL/NGM-SS/16.03.2016/2P/4C W.P(MD)No.14769 of 2015 02.03.2016 https://hcservices.ecourts.gov.in/hcservices/