P.Kandavel, S/O. Petchimuthur v. The Tamil Nadu State Transport
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2016 CORAM :
THE HONOURABLE MR.JUSTICE S.S.SUNDAR Writ Petition (MD) No.13007 of 2016 P.Kandavel ... Petitioner Vs.
1.The Tamil Nadu State Transport Corporation, (Madurai) Limited, rep. by its Managing Director, Bye-Pass Road, Madurai Zone, Madurai-16.
2.The Administrator, Tamil Nadu State Transport Corporation Employees Consider Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai -600 002.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to pay all the terminal benefits payable to the petitioner including salary arrears for leave period of 100 days and gratuity under Section 12(3) of the Industrial Disputes Act, together with interest at the rate of 18% per annum from the date of retirement to till the date of payment within a stipulated time.
For Petitioner : Mr.M.Ashok Kumar For respondents : Mr.A.Jeya Ram
ORDER
This writ petition has been filed seeking a direction to the respondents to pay all the terminal benefits payable to the petitioner including salary arrears for leave period of 100 days and gratuity under Section 12(3) of the Industrial Disputes Act, together with interest at the rate of 18% per annum from the date of retirement to till the date of payment within a stipulated time.
2.When the matter is taken up for hearing, Mr.A.Jeya Ram, 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 petitioner in the light of the judgment passed by the Honourable Division Bench.
3.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 October 2016 and each installment should be paid on or before 7th of each month"
4.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 petitioner in 12 equal monthly installments commencing from 10th October 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. 5.The aforesaid direction to settle the terminal benefits would not preclude the workman to question the computation of any of the terminal benefits, if the same is paid lesser than the amount to which, he is entitled to receive. Likewise, if the petitioner has any grievance that he is entitled to interest for the amount already settled, he can agitate the same as per law, if he is entitled to.
6.The learned counsel for the respondents/Transport Corporation says that against certain employees, there are recoverables from them. So, the above payment may be made subject
to recoverables from the employees. The petitioner is also agreeable for the same.
7.With the above direction, the writ petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS II) /True copy/ Sub Assistant Registrar To
1. The Managing Director, The Tamil Nadu State Transport Corporation, (Madurai) Limited, Bye-Pass Road, Madurai Zone, Madurai-16.
2.The Administrator, Tamil Nadu State Transport Corporation Employees Consider Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai -600 002.
+1cc to M/s.M.Ashok Kumar, Advocate SR.No.39303 sm:NGM-MP:02.08.2016:3P/4C Writ Petition (MD) No.13007 of 2016 25.07.2016