Madras High CourtWP(MD)/19138/2018disposed of

P.Karuppiah, v. The Managing Director

2018-09-04Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.09.2018

CORAM:

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)No.19138 of 2018 P.Karuppiah ...

Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Byepass Road, Madurai - 16.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Bye pass Road, Dindigul - 4.

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

...

Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to revise and refix the pay and pension of the petitioner as per the 12

(3) Settlement dated 13.04.2015 and consequently, directing the respondents to disburse the different amounts in the petitioner's monthly pension, commuted value of pension, gratuity and earned leave salary with all monetary and service benefits along with 18% interest.

For Petitioner : Mr.S.Govindan For Respondents : Mr.AP.Muthupandian for R1 to R3

ORDER

The petitioner seeks for a Writ of Mandamus, directing the respondents to revise and refix the pay and pension of the petitioner as per 12(3) Settlement dated 13.04.2015 and consequently, to direct the respondents to disburse the differential amounts in the petitioner's monthly pension, commuted value of pension, gratuity and earned leave salary with all monetary and service benefits along with 18% interest per annum. https://hcservices.ecourts.gov.in/hcservices/ 2.Mr.A.P.Muthupandian, learned standing counsel takes notice for respondents / Corporation. By consent, the writ petition itself

is taken up for final disposal.

3.The learned counsel for the petitioner submitted that it would suffice if the representation of the petitioner dated 28.07.2018 shall be disposed of in accordance with law, within a time frame to be fixed by this Court.

4.In view of the limited scope of the prayer, without going into the merits of the matter, the respondents are directed to consider the representation of the petitioner, dated 13.04.2015 and pass appropriate orders thereon in the light of the terms of settlement dated 13.04.2015 entered under Section 12(3) of Industrial Disputes Act, 1947, preferably within a period of 12 weeks from the date of receipt of a copy of this order. 5.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Byepass Road, Madurai - 16.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Bye pass Road, Dindigul - 4.

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

+1 CC to M/s.S.Govindan, Advocate, SR.NO.82039 nbj SS/SKN/SAR 3/30.11.2018/2P/5C W.P.(MD)No.19138 of 2018 04.09.2018 https://hcservices.ecourts.gov.in/hcservices/