Madras High CourtWP(MD)/1435/2017disposed of

K.Maruthamuthu, v. The Secretary To Government

2017-01-31Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.1435 to 1437 of 2017 K.Maruthamuthu ... Petitioner in wp(md).1435/2017 R.Thirugnanam

...Petitioner in wp(md).1436/2017

R.Subendran

...Petitioner in wp(md).1437/2017

vs.

1.The secretary to Government Transport Department Tamil Nadu Government St.George Fort 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., Trichy Region Periyamilaguparai Trichy-1 4.The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust Thiruvalluvar House, Pallavan Salai Chennai -600 002.

... Respondents Prayer in wp(md).1435 of 2017: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1 to 3 respondents Corporation to settle Post Retired Benefit Scheme (PRBS) amount of Rs.600/- per month to the

Petitioner from June 2016 to till date with reasonable interest within the time frame that may be stipulated by this Honourable Court.

Prayer in wp(md).1436 of 2017:Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1 to 3 respondents Corporation to settle Post Retired Benefit Scheme (PRBS) amount of Rs.1,000/- per month to the Petitioner from June 2016 to till date with reasonable interest within the time frame that may be stipulated by this Honourable Court.

Prayer in wp(md).1437 of 2017:Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1 to 3 respondents Corporation to settle Post Retired Benefit Scheme (PRBS) amount of Rs.1,000/- per month to the Petitioner from June 2016 to till date with reasonable interest within the time frame that may be stipulated by this Honourable Court.

For Petitioner(in all WPs) : Mr.N.Sudhagar Nagaraj For Respondents(in all WPs) : Mr.A.K.Baskara Pandiyan Special Government Pleader for R1 Mr.D.Sivaraman for R2 and R3 Mr.A.P.Muthupandian for R4 COMMON ORDER Though the prayer in these writ petitions is for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to settle Post Retired Benefit Scheme (PRBS) amount of Rs.600/-, Rs.1000/- and Rs.1000/- per month respectively, to the petitioners from June 2016 to till date with reasonable interest within a time frame that may be stipulated by this Court, when the matter came up for hearing, learned counsel for the petitioners submitted that it is suffice if a direction is issued to the respondents 1 to 3, to consider the individual representations of the petitioners all dated 12.01.2017 seeking the abovesaid prayer, and to pass orders in the light of Clause 9 of the Settlement dated 13.04.2015 entered into under Section 12(3) of the Industrial Disputes Act, 1947, within a time frame.

2.In view of the limited relief sought for, the respondents are directed to consider the individual representations of the petitioners all dated 12.01.2017 in the light of Clause 9 of the Settlement dated 13.04.2015 entered into under Section 12(3) of the Industrial Disputes Act, 1947, if the said Clause in the settlement is still in force and not superseded by any other Settlement or Award. Whether the petitioners are governed by the said Settlement or not has got to be ascertained by the

respondents. The respondents shall pass appropriate orders on the representations of the petitioners within a period of eight weeks from the date of receipt of a copy of this order. With the above direction, these Writ Petitions are disposed of. No costs.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1.The secretary to Government Transport Department Tamil Nadu Government St.George Fort Chennai - 600 009.

+3 cc to M/S.SUDHAGAR NAGARAJ, Advocate SR.Nos.5421 to 5423 +3 cc to M/S.D.SIVARAMAN, Advocate SR.Nos.5489, 5490, 5492 W.P(MD)No.1435 to 1437 of 2017 31.01.2017 SMA/CM-MSA/03.02.2017:3P/11C