Paneerselvam.D v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI D.Paneerselvam ... Petitioner vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (KMB) Limited, 27, New Railway Station Road, Kumbakonam - 612 001.
2.The General Manager, Tamil Nadu State Transport Corporation (KMB) Limited, Kumbakonam Region, 27, New Railway Station Road, Kumbakonam - 612 001.
3.The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to disburse the petitioner's difference amount of Gratuity, Surrender Leave, Pension Arrears and to revise pensions on the basis of 12(3) Settlement, dated 01.04.2018.
For Petitioner : Mr.K.Gokul For Respondents : Mr.P.Balasubramanian for R1 & R2 Mr.A.Swaminathan for R3
ORDER
The petitioner has filed the present Writ Petition seeking a direction to the respondents to disburse the petitioner's difference amount of Gratuity, Surrender Leave, Pension Arrears and to revise pension arrears, on the basis of 12(3) Settlement, dated 04.01.2018. 2.The petitioner joined the first respondent Corporation as Helper with effect from 07.09.1989 and retired from service on 01.12.2016. Thereafter, he made a representation to the respondents on 02.03.2021, seeking to revise his terminal benefits and pension 1/3
arrears as per the Settlement under Section 12(3) of the Industrial Disputes Act, dated 04.01.2018 and to disburse the difference amount of Gratuity, Surrender Leave and Pension Arrears. Since no orders have been passed on the said representation, the petitioner has come to this Court with this Writ Petition.
3. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents 1 & 2 and the learned counsel appearing for the third respondent. 4.Considering the submissions of the learned counsel for the petitioner as well as the respondents 1 to 3, without deciding the issue on merits, the respondents are directed to consider the representation of the petitioner, dated 02.03.2021, and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
5.With the above direction, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) vsm Note :
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To 1.The Managing Director, Tamil Nadu State Transport Corporation (KMB) Limited, 27, New Railway Station Road, Kumbakonam - 612 001.
2.The General Manager, Tamil Nadu State Transport Corporation (KMB) Limited, Kumbakonam Region, 27, New Railway Station Road, Kumbakonam - 612 001.
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3.The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.
+1 CC to M/s.P.BALASUBRAMANIAN, Advocate ( SR-24790[F] dated 30/07/2021 ) +1 CC to M/s.K.GOKUL, Advocate ( SR-24976[F] dated 02/08/2021 ) 29.07.2021 RD(6.08.2021) 3P 6C 3/3