G.Pandian v. The Management Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2016
CORAM:
THE HONOURABLE Mr.JUSTICE T.RAJA W.P(MD)Nos.10300 to 10303 of 2016 1.G.Pandian ...
Petitioner in WP.10300/2016 2.K.Ramachandran ...
Petitioner in WP.10301/2016 3.C.Karuppasamy ...
Petitioner in WP.10302/2016 4.A.Xavier ` ...
Petitioner in WP.10303/2016 Vs.
1.The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Rep.by its, General Manager, Trichy.
2.The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Chennai - 2.
...
Respondents in all Wps.
PRAYER IN WP.10300/2016: Petition filed under Article 226 of the Constitution of India, praying for the issuance of A Writ of Mandamus, directing the 1st respondent to pay him Rs.4,50,225/- towards Gratuity and Rs.900/- towards Leave Salary and also arrears of wages for the period from 01.09.2013 to 31.03.2014 payable pursuant to new wage settlement, together with 18% interest per annum, along with interest amount toward the delayed period from 31.03.2014 to 20.06.2014 in paying EPF Employees's Contribution amount Rs.1,20,973/- at the rate as per EPF Scheme and further directing the respondents to pay him Rs.1,80,210/- towards the pension commutation amount and arrears of pension for the period from 01.04.
2014 by revising his pension, together with 18% interest per annum, after calculating all his terminal / pension benefits based on the monthly wages payable to him on the month of his retirement i.e., March 2014 by revising the same as per the settlement dated 13.04.2015, as ordered by the Hon'ble Division Bench of this Court in its order dated 29.01.2016 in W.A (MD)No.1457 of 2015 and etc., batch.
PRAYER IN WP.10301/2016: Petition filed under Article 226 of the Constitution of India, praying for the issuance of A Writ of Mandamus, directing the 1st respondent to pay him Rs.8,82,173/-
towards Gratuity and Rs.4,22,338/- towards Leave Salary and also arrears of wages for the period from 01.09.2013 to 31.03.2015 payable pursuant to new wage settlement, together with 18% interest per annum, along with interest amount towards the delayed period from 31.08.2015 to 30.05.2016 in paying EPF Employees's Contribution amount Rs.3,60.847/- at the rate as per EPF Scheme and further directing the respondents to pay him Rs.3,24,761/- towards the pension commutation amount together with 18% interest per annum within the time frame as may be fixed by this Court. PRAYER IN WP.10302/2016: Petition filed under Article 226 of the Constitution of India, praying for the issuance of A Writ of Mandamus, directing the 1st respondent to pay him Rs.7,01,593/- towards Gratuity and Rs.
4,73,102/- towards Leave Salary and also arrears of wages for the period from 01.09.2013 to 31.03.2015 payable pursuant to new wage settlement, together with 18% interest per annum, along with interest amount towards the delayed period from 31.03.2016 to 22.09.2016 in paying EPF Employees's Contribution amount Rs.3,66.108/- at the rate as per EPF Scheme and further directing the respondents to pay him Rs.2,73,330/- towards the pension commutation amount together with 18% interest per annum within the time frame as may be fixed by this Court. PRAYER IN WP.10303/2016: Petition filed under Article 226 of the Constitution of India, praying for the issuance of A Writ of Mandamus, directing the 1st respondent to pay him Rs.4,86,637/- towards Gratuity and Rs.1,94,480/- towards Leave Salary and also arrears of wages for the period from 01.09.
2013 to 31.03.2015 payable pursuant to new wage settlement, together with 18% interest per annum, along with interest amount towards the delayed period from 31.03.2016 to 21.10.2016 in paying EPF Employees's Contribution amount Rs.2,96,562/- at the rate as per EPF Scheme and further directing the respondents to pay him Rs.2,01,105/- towards the pension commutation amount together with 18% interest per annum within the time frame as may be fixed by this Court. For Petitioners : Mr.S.Arunachalam For Respondents : Mr.D.Sivaraman COMMON ORDER The petitioners were lastly employed as Selection Grade Conductor, Foreman, Tradesman Grade-5 and Special Grade Tradesman in the respondents Transport Corporation and they retired from service on 31.03.2014, 31.08.2015, 31.03.2016 and 31.03.2016 respectively.
2.They have filed the writ petitions seeking for a direction to the respondents to pay the retirement benefits.
3.When the matters are taken up for hearing, learned Standing Counsel appearing for the respondents submitted that the issue is covered by a judgment of a Division Bench of this Court in W.A. (MD).Nos.383 to 457 of 2015 dated 12.06.2015. He has further submitted that the respondents would consider the request of the petitioners, in the light of the judgment passed by the Honourable Division Bench.
4.For ready reference, the judgment passed by the Hon'ble Division Bench in W.A.(MD).Nos.383 to 457 of 2015 dated 12.06.2015 is extracted hereunder:
"The learned Additional Advocate General submits that he has obtained written instructions vide letter No.7945/E/2015-2 dated 11.06.2015 that the terminal benefits of the appellants would be settled through twelve equal monthly installments, carrying interest of 6% p.a.
2.The said statement is thus taken on record and the respondents will be bound by the same, we have to keep in mind the judicial pronouncement of the Honourable Supreme Court in D.D.TEWARI (D) THR. LRS. Vs. UTTAR HARYANA BIJLI VITRAN NIGAM LTD & ORS {2014
(9) SCALE - 78}, wherein it is held that in case of any delay in making the payment of the installments, the interest payable would become 18% p.a., for the delayed period apart from any other remedy which may be available to the appellants for non-compliance of undertaking given to this Court.
3.The installments to be paid from July 2015 and each installment should be paid on or before 7th of each month"
5.Following the judgment of the Hon'ble Division Bench of this Court referred to above, the respondents are directed to pay the amount due to the petitioners in 12 equal monthly installments commencing from 10th July, 2016. Further, if there are settlements or awards, the Corporation is obliged to take the same into account while arriving at the figure. It is needless to mention that the entire arrears shall carry interest at the rate of 6% per annum. In case of delay in making installments, the interest payable could be 18% for the delayed period.
6.The aforesaid direction to settle the terminal benefits would not preclude the workmen to question the computation of any of the terminal benefits, if the same is paid lesser than the amount to which, they are entitled to receive. Likewise, if the petitioners have any grievance that they are entitled to interest for the amount already settled, they can agitate the same as per law, if they are entitled to.
7.The learned counsel for the respondents/Transport Corporation says that against certain employees, there are recoveries from them. So, the above payment may be made subject to recoveries, if any from the employees. The petitioners are also agreeable for the same.
8.With the above direction, the writ petitions stand disposed of. No costs.
Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To 1.The General Manager, Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region,Trichy.
2.The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Chennai - 2.
+4cc to Mr.D.Sivaraman,Advocate Sr.No.29637,29636,29635 and 29634 +4cc to Mr.S.Arunachalam,Advocate Sr.No.30026,30058,30059 & 30060 mpk AA/SKS-RR/23.06.2016/4p-11c W.P(MD)Nos.10300 to 10303 of 2016 10.06.2016