Madras High CourtWP(MD)/11455/2017disposed of

A.Sankaran, S/O.S.Appadurai v. The Tamil Nadu State Transport

2017-06-21Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P(MD)No.11455 of 2017 A.Sankaran ... Petitioner Vs.

1.The Tamilnadu State Transport Corporation, (Kumbakonam) Ltd., rep. By its Managing Director, Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd, Trichy Region, Trichy.

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

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to refix and revise petitioner's pay for the period from 01.09.2013 to 31.03.2015 based on the terms of settlement dated 13.04.2015 entered under Section 12(3) of Industrial Disputes Act, 1947 by giving pay revision at the rate of 5.5 % and further directing the Respondents to pay him the difference amount in his salary for the period from 01.09.2013 to 31.03.2015 and to pay difference in his retirement benefits including monthly pension, gratuity, leave salary, commuted value of pension and all other attendant benefits payable from 01.04.2015 to till date together with interest at the rate of 18 % per annum based on the said settlement. For Petitioner : Mr.A.Rahul For Respondents : Mr.D.Sivaraman, Standing Counsel for R1& R2 Mr.A.P.Muthupandian Standing Counsel for R3

O R D E R

The petitioner was appointed as a Junior Tradesman and retired from service as Special Grade Tradesman with effect from 31.03.2015.

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2.The petitioner has submitted that the first respondent Corporation is bound to implement the revised pay fixation applicable to the petitioner in terms of the settlement under Section 12(3) of the Industrial Disputes Act, dated 13.04.2015. 3.Therefore, this writ petition is disposed of with the direction to the respondents to consider the petitioner's representation, dated 27.12.2016 in the light of the settlement under Section 12(3) of the Industrial Disputes Act, dated 13.04.2015, on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar.

To 1.The Managing Director, Tamilnadu State Transport Corporation, (Kumbakonam) Ltd., Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd, Trichy Region, Trichy.

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

+1CC to M/S.A.Rahul, Advocate, SR.No. 61377 +1CC to M/S.D.Sivaraman, Advocate, SR.No.61359 Order made in W.P(MD)No.11455 of 2017 21.06.2017 Arul AM/GT/SAR 1/30.06.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/