J.David Raj S/O Jacob v. The General Manager Setc
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2017 CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.3383 of 2017 J.David Raj ... Petitioner vs.
1. The General Manager, State Express Transport Corporation (Tamil Nadu ) Ltd., Pallavan Salai, Chennai - 600 002.
2. The Administrator, Tamil Nadu State Transport Employees 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 pay the petitioner the amount payable towards Leave Salary, Employees Provident Fund, Medical College Fund, Engineering College Fund, Welfare Fund, the arrears of wages for the period from 01.09.13 to 31.05.15 payable pursuant new wage settlement and to pay the petitioner Rs.2,53,943/- towards the pension commutation amount and other benefits together with 18% interest per annum within a time frame as may be fixed by this Hon'ble Court. For Petitioner : Mr.R.Murugan For Respondents : Mr.K.Sathiya Singh for R1 Mr.A.P.Muthupandian for R2
ORDER
The petitioner was the employee of the respondent Corporation and he retired from service on 31.05.2015 on attaining the age of superannuation.
2.He has filed this writ petition seeking for a direction to the respondents to pay the retirement benefits. 3.The First Bench of this Court in similar matter has passed an order dated 12.06.2015 in W.A.(MD) Nos.383 to 457 of 2015, issuing direction to the transport Corporations to settle the terminal benefits of its employees in equal monthly instalments and to pay 6% interest on the terminal benefits payable to the workman. The Bench has also held that workman is entitled to 18% interest for the defaulted period of instalment.
4.In these circumstances, this writ petition is disposed of with the following directions:- i)A direction is issued to the transport corporation to settle the terminal benefits of the petitioner that are yet to be settled, in twelve equal monthly instalments;
ii)The first instalment shall commence by making payment on or https://hcservices.ecourts.gov.in/hcservices/
before the 10th April 2017 and the amount in each of the remaining instalments shall be paid on or before 10th of every succeeding month;
iii) The said terminal amount shall carry interest @ 6% per annum, as per the Division Bench judgment referred to above. In case of delay in making instalments, the interest payable could be 18% for the delayed period;
iv) 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. No costs.
SD/- ASSISTANT REGISTRAR /TRUE COPY/ SUB ASSISTANT REGISTRAR To
1. The General Manager, State Express Transport Corporation (Tamil Nadu ) Ltd., Pallavan Salai, Chennai - 600 002.
2. The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2. +1 CC TO MR. K. SATHIYA SINGH, ADVOCATE, SR NO.11213 +1 CC TO MR. R. MURUGAN,ADVOCATE, SR NO.10737 nbi MAS/MR:13.03.2017:2P-5C W.P(MD)No.3383 of 2017 27.02.2017 https://hcservices.ecourts.gov.in/hcservices/