L.Kowsalya v. The Management Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2024

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.14608 of 2023 L.Kowsalya ... Petitioner Vs 1.The Management of Tamil Nadu, State Transport Corporation, (Kumbakonam) Limited, Represented by its Managing Director, Kumbakonam.

2.The General Manager, The Tamil Nadu State Transport Corporation(Kumbakonam) Limited, Pudukottai Region, Pudukottai.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to pay the petitioner, difference in gratuity, difference in earned Leave Salary and Post Retirement Benefit Scheme refund amount payable for the service rendered by her deceased husband R.Lakshmanan in the post of Traffic Inspector at Pudukottai Region of 1st respondent Corporation as per the wage revision Settlement under Section 12(3) of the I.D. Act dated 04.01.2018 with interest at the rate of 6% per annum payable from 31.05.2017 to till the date of actual payment within the time limit that may be fixed by this Court.

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For Petitioner : M/s.A.Rahul For Respondents : Mr.K.Ramaiah Standing Counsel

ORDER

The instant writ petition has been filed by the Wife of the deceased employee of the respondent transport corporation, seeking the benefits under 13th Wage Settlement, dated 04.01.2018.

2.According to the learned Counsel appearing for the writ petitioner, the petitioner's husband had attained superannuation on 31.05.2017. Thereafter, the Management and the Trade union have entered into the settlement under Section 12(3) of the Industrial Disputes Act on 04.01.2018, wherein the benefits are payable to the employees who were in service on 01.09.2016. The petitioner's husband has passed away on 17.04.2021. Seeking the said benefits, the petitioner has sent a representation to the respondents on 13.02.2023. Since the same has not been considered, the present writ petition has been filed. 3.Considering the above said facts, the respondents herein are directed to confer the eligible benefits upon the writ petitioner along with 6% interest from the due date till the date of disbursement within a period of twelve weeks from the date of receipt of a copy of this order.

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4.With the above said observations, this writ petition stands disposed of. No costs.

06.11.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To 1.The Managing Director, The Management of Tamil Nadu, State Transport Corporation, (Kumbakonam) Limited, Kumbakonam.

2.The General Manager, The Tamil Nadu State Transport Corporation(Kumbakonam) Limited, Pudukottai Region, Pudukottai.

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R.VIJAYAKUMAR , J.

RJR W.P.(MD)No.14608 of 2023 06.11.2024 4/4