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Madras High CourtWP(MD)/17222/2017disposed of

V.Govindaraj, S/O.Venugopal v. Tamil Nadu State Transport

2017-09-14Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.09.2017 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA WP(MD)No.17222 of 2017 V.Govindaraj ... Petitioner vs.

1)The Tamil Nadu State Transport Corporation(Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam.

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

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

... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents to revise, refix pay of the petitioner for the period from 01.09.2013 to 31.01.2015 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 31.01.2015 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 01.02.2015 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 TNSTC

ORDER

Although the petitioner seeks for issuance of a Writ of Mandamus, directing the respondents to revise, refix pay of the https://hcservices.ecourts.gov.in/hcservices/

petitioner for the period from 01.09.2013 to 31.01.2015 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 31.01.2015 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 01.02.2015 to till date together with interest at the rate of 18% per annum based on the said settlement, when the matter came up for hearing, the learned counsel for the petitioner submitted that the petitioner would be satisfied if a direction is issued to the respondents to pass orders on the representation of the petitioner dated 12.08.2017 in the light of the terms of settlement dated 13.04.2015 entered under Section 12(3) of Industrial Disputes Act, 1947, within a time frame. 2.

In view of the limited relief sought for, without expressing any opinion on the merits of the case, this Writ Petition is disposed of directing the respondents to consider the representation of the petitioner dated 12.08.2017 in the light of the terms of settlement dated 13.04.

(3) of Industrial Disputes Act, 1947 and pass appropriate orders on merits 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(CS-II) /True Copy/ Sub Assistant Registrar To +1cc to M/S.A.Rahul, Advocate SR.No. 79251 +1cc to M/S.D.Sivaraman, Advocate SR.No. 79183 WP(MD)No.17222 of 2017 14.09.2017 NBI JM/SKN RSK/SAR 1/27.09.2017/2P/3C https://hcservices.ecourts.gov.in/hcservices/