Madras High CourtWP(MD)/16375/2019disposed of

R.Chinnasamy v. The Government Of Tamilnadu

2019-07-23Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.16375 of 2019 1.R.Chinnasamy 2.S.E.Mohammed Mydeen 3.V.Seramani 4.K.Gajendran 5.P.Mohan 6.R.Krishnamoorthy 7.R.Yasodhakumar 8.P.Raman 9.P.Arunachalam .. Petitioners Vs.

1.The Government of Tamil Nadu, Rep. by its Secretary to Government, Transport Department, Secretariat, Chennai - 600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Railway Station Road, Kumbakonam, Thanjavur District.

3.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Periyamilaguparai, Trichy.

4.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to revise the pay for the period from 01.09.2016 to till the date of retirement of the petitioners, based on the terms of settlement dated 04.01.2018 entered under Section 12(3) of the Industrial Disputes Act, 1947 and further directing the respondents to pay the difference amount in the salary for the period from 01.09.2016 to

till the date of retirement of the petitioners and to pay difference in the retirement benefits including monthly pension, wage arrears, gratuity, leave salary, commuted value of pension, dearness allowance and all other attendant benefits payable to the petitioners together with 18% interest per annum based on the said settlement.

For Petitioners : Mr.N.Sudhagar Nagaraj For R1 : Mr.A.Muthukaruppan Additional Government Pleader For R2 to R4 : Mr.P.Balasubramanian Standing Counsel

ORDER

This Writ Petition has been filed by the petitioners seeking a direction to the respondents to revise the pay for the period from 01.09.2016 to till the date of retirement of the petitioners, based on the terms of settlement dated 04.01.2018 entered under Section 12

(3) of the Industrial Disputes Act, 1947 and a further direction to the respondents to pay the difference amount in salary for the period from 01.09.2016 to till the date of retirement of the petitioners and to pay difference in the retirement benefits including monthly pension, wage arrears, gratuity, leave salary, commuted value of pension, dearness allowance and all other attendant benefits payable to them together with 18% interest per annum based on the said settlement.

2.Mr.A.Muthukaruppan, learned Additional Government Pleader takes notice for the first respondent. Mr.P.Balasubramanian, learned Standing Counsel takes notice for the respondents 2 to 4. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3.The learned counsel for the petitioners submitted that the authority has to consider the grievance of the petitioners and pass orders in accordance with law and further requested that if the respondents came to the conclusion that the petitioners are eligible for the payment of pay revision arrears as per the settlement, the respondents have to settle the amount as expeditiously as possible, but, till now, the respondent Management has not passed any orders on the petitioners' representation.

4.The learned Standing Counsel appearing for the respondents 2 to 4 submitted that the respondents 2 to 4 would dispose of the representation of the petitioners, dated 29.03.2019, within a time limit to be fixed by this Court.

5.Recording the abovesaid submission made by the learned Standing Counsel appearing for the respondents 2 to 4, this Writ Petition is disposed of directing the respondents 2 to 4 to consider the representation of the petitioners, dated 29.03.2019, in the light of the terms of settlement dated 04.01.2018 entered under Section 12(3) of the Industrial Disputes Act, 1947, and to pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. In case, if the petitioners are found eligible, the eligible amount shall be disbursed to them, within a period of two months thereafter. No costs.

Sd/- Assistant Registrar(AD-II) /TRUE COPY/ Sub Assistant Registrar To 1.The Secretary to Government of Tamil Nadu, Transport Department, Secretariat, Chennai - 600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Railway Station Road, Kumbakonam, Thanjavur District.

3.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Periyamilaguparai, Trichy.

4.The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

+1 CC to M/s.N.DUDHAGAR NAGARAJ, Advocate ( SR-76986[F] dated 23/07/2019 ) +1 CC to M/s.P.BALASUBRAMANIAN, Advocate ( SR-77008[F] dated 23/07/2019 ) W.P.(MD)No.16375 of 2019 23.07.2019 smn2 JM/02.08.2019/3P-7C