Madras High CourtWP(MD)/19687/2017allowed

P.Mohamed Ibrahim, v. The Managing Director,

2018-01-22Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.19687 of 2017 P.Mohamed Ibrahim ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Byepass Road, Madurai-625 016.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Dindigul-4.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records connected with the impugned Order of Rejection of Interest on the belated Payment of Gratuity in Parvai.KoosaaDindu/WP/14142/2017 dated 11.10.2017 and quash the same and consequently to direct the respondents to pay Interest at the Rate of 10% per annum for the belated payment of Gratuity in the light of the judgment of this Court reported in 2017 (2) CWC 318 dated 22.03.2017 with cost.

For Petitioner : Mr.S.Govindan For Respondents : Mr.A.Jayaraman ****

ORDER

Heard the learned counsel on either side.

2.By consent of both the parties, the main Writ Petition is taken up for final disposal.

3.The petitioner was employed as driver in the respondent/ Corporation. The gratuity amounts payable to him were settled only on 23.05.2017, though the petitioner retired from service on 31.12.2013. There was a belated settlement of gratuity settlement to the petitioner. When the statutory benefits are belatedly settled, the interest is bound to be payable. https://hcservices.ecourts.gov.in/hcservices/

4.Therefore, the respondents are directed to pay the interest at the rate of 6% per annum within a period of three months from the date of receipt of a copy of this order.

5.This Writ Petition is allowed as indicated above. No costs. Sd/- Assistant Registrar(AS) /True Copy/ Sub-Assistant Registrar To 1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Byepass Road, Madurai-625 016.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Dindigul-4.

+One cc to Mr.S.Govindan, Advocate, SR.No.43226 RL/4C/2P/SKN/RSK/SAR4/19/2/2018 W.P.(MD) No.19687 of 2017 22.01.2018 https://hcservices.ecourts.gov.in/hcservices/