K.Balakrishnan v. The Managing Director,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2017
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.4008 of 2017 K.Balakrishnan .. Petitioner Vs.
1. The Managing Director, Tiruvalluvar Illam, Pallvan Salai, Chennai - 600 002.
2. The General Manager, Tiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
3. The Administrator, Tiruvalluvar Illam, Pallavan Salai, Chennai - 600 002. ..Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay the retirement benefits including Gratuity, Leave Salary and SSS amount (Social Security Scheme) with interest at the rate of 18% per annum within the time limit that may be fixed by this Court and pass such further orders as this Court may deem fit and proper in the nature and circumstances of the case. For Petitioner : M/s.J.Balameenakshi For Respondents : Mr.K.Sathiya Singh Standing Counsel
O R D E R
The petitioner was employed as Conductor in the respondents Corporation and he retired from service on 31.07.2016, on reaching 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 installments 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 installments. 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 installments; ii)The first installment shall commence by making payment on or before 10th of May 2017 and the amount in each of the remaining installments 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 installments, 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 (CS-III) /True Copy/ Sub Assistant Registrar To
1. The Managing Director, Tiruvalluvar Illam, Pallvan Salai, Chennai - 600 002.
2. The General Manager, Tiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
3. The Administrator, Tiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
+ 1 CC TO Mr.K.SATHIYA SINGH, ADVOCATE IN SR No. 13566 + 1 CC TO M/S.J.BALAMEENAKSHI, ADVOCATE IN SR No. 13552 PMU TE/RR : 16/03/2017 : 3P/6C W.P.(MD).No.4008 of 2017 08.03.2017