← Library
Madras High CourtWP(MD)/11704/2025allowed

J.Jeyapaul, (Edp No. 1080) v. The Management Of

2025-04-24Honourable Mr. Justice Battu Devanand5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND W.P(MD)No.11704 of 2025 J.Jeyapaul ... Petitioner Vs.

1. The Management of Tamil Nadu State Transport Corporation Limited, Rep. by its General Manager Pallavan Salai, Chennai - 2

2. The Administrator, The Tamil Nadu State Transport Corporation Pension 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. 01.09.2019 based on the new wage settlement dated 24.08.2022 and consequently to pay the petitioner difference/ arrears of wages for the period from 01.09.2019 to 31.05.2022 and also the difference in petitioners terminal benefits namely Gratuity, Encashment of Leave ad difference/arrear in pension after revising the same based on such re-fixed scale of pay payable to the petitioner on the month of the petitioners retirement, together with 18 percent interest per annum within a time frame as may be fixed by this Court.

1/5

For Petitioner : Mr.R.Murugan For R1 : Mr.K.Senthil Kumar Standing Counsel For R2 : Mr.S.C.Herold Singh Standing Counsel

O R D E R

The present Writ Petition has been filed by a retired Selection Grade Senior Tradesman of the respondent Transport Corporation, seeking a Mandamus, first respondent to revise petitioner's scale of pay w.e.f. 01.09.2019 based on the new wage settlement dated 24.08.2022 and consequently to pay the petitioner difference/arrears of wages for the period from 01.09.2019 to 31.05.2022 and also the difference in petitioners terminal benefits namely Gratuity, Encashment of Leave ad difference/arrear in pension after revising the same based on such re-fixed scale of pay payable to the petitioner on the month of the petitioners retirement, together with 18% interest per annum within a time frame to be fixed by this Court.

2. According the writ petitioner, he had retired from service on 31.05.2022. After his retirement, the Trade Union and the Management entered into a Settlement under Section 12(3) of the Industrial Dispute Act, on 24.08.2022 and as per the said Settlement, the monetary benefits will be 2/5

granted with effect from 01.09.2019. Seeking said benefits, the petitioner has sent a representation to the respondents on 12.04.2025. Since there is no response, the present writ petition has been filed.

3. Heard the learned counsel appearing for the petitioner and the learned Standing Counsels appearing for the respondents.

4. Considering the above said facts, the respondents herein are directed to disburse the eligible amount to the writ petitioner along with interest at the rate of 6% per annum from the due date till the date of realization. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

5. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

24.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No CM 3/5

To

1. General Manager, The Management of Tamil Nadu State Transport Corporation Limited, Pallavan Salai, Chennai - 2

2. The Administrator, The Tamil Nadu State Transport Corporation Pension Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.

4/5

BATTU DEVANAND,J.

CM W.P(MD)No.11704 of 2025 24.04.2025 5/5