Madras High CourtWP(MD)/2370/2017disposed of

D.Chandramohan v. Tamil Nadu State Transport

2017-02-13Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.2370 of 2017 D.Chandramohan ... Petitioner vs.

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

2)The General Manager, (Kumbakonam) Ltd., Nagapattinam Region, Nagapattinam.

3)The Administrator, Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.

... Respondents 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 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 Dispute 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 01.06.2014 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 Senior Grade Checking Inspector. 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 dated 13.04.2015 entered into under Section 12(3) of the Industrial Disputes Act, 1947. Since his pay was not revised, he made a representation dated 21.01.2017 therefor and that the same has not been considered. Hence, this writ petition has been filed 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 31.05.2014 based on the terms of settlement dated 13.04.2015 entered under Section 12(3) of Industrial Dispute 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 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 21.01.2017 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 21.01.2017, 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 nbi To 1)The Managing Director, (Kumbakonam) Ltd.,Kumbakonam.

2)The General Manager, (Kumbakonam) Ltd.,Nagapattinam Region, Nagapattinam. 3)The Administrator, Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai,Chennai-2.

+1CC to Mr.A.Rahul, Advocate Sr.No.7813 +1CC to Mr.D.Sivaraman, Advocate Sr.No.7890 AE/BS/23.2.17-3p-6c W.P(MD)No.2370 of 2017 13.02.2017