P. Ganasekaran v. The Tamil Nadu State Transport
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2017 CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.1629 of 2017 P.Gnanasekaran ... Petitioner vs.
1)Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Rep. by its Managing Director, Kumbakonam.
2)The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Nagappattinam Region,Nagappattinam.
3)The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to revise, refix the pay of the Petitioner for the period from 01.09.2013 to 31.05.2014 based on the terms of settlement dated 13.04.2015 entered under Section 12(3) of Industrial Disputes Act, 1947 and further directing the respondents to pay him the difference amount in his salary for the period from 01.09.2013 to 31.05.2014 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 1.6.2014 to till date together with interest at the rate of 18% per annum based on the said settlement. For Petitioner : Mr.A.Rahul For R1 & R2 : Mr.D.Sivaraman For R3 : Mr.A.P.Muthupandian
ORDER
The petitioner was employed as a Special Grade Driver. He retired from service on 31.05.2014. His grievance is that he is entitled to revision of scale of pay in terms of the settlement entered into under Section 12(3) of the Industrial Disputes Act, 1947. Since his pay was not revised, he made a representation dated 21.11.2016 therefor and that the same has not been considered. Therefore, this writ petition has been filed for issuance of a Writ https://hcservices.ecourts.gov.in/hcservices/
of Mandamus, directing the respondents to revise the petitioner's pay for the period from 01.09.2013 to 31.5.2014 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 by granting 3rd review benefit and further directing the respondents to pay him the difference amount in his salary for the period from 01.09.2013 to 31.5.2014 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 01.06.2014 to till date together with interest at the rate of 18% per annum based on the said settlement. 2.Learned counsels for the respondents submitted that the respondents would dispose of the representation of the petitioner dated 21.11.2016 within a time frame.
3.Recording the above submissions, this Writ Petition is disposed of directing the respondents to consider the representation of the petitioner dated 21.11.2016, in the light of the terms of settlement dated 13.04.2015 entered under Section 12(3) of 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. No costs. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.
To 1)The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.
2)The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Nagappattinam Region,Nagappattinam.
3)The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.
+1cc to M/s. A.RAHUL Advocate in SR. No.5272 +1cc to M/s. D.SIVARAMAN Advocate in SR. 5506 VSN JS/BS/13.02.2017/2P-6C W.P(MD)No.1629 of 2017 01.02.2017 https://hcservices.ecourts.gov.in/hcservices/