R.Shanmugam,S/O.Rajagopal v. Tamil Nadu State Transport
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.03.2017
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.4433 of 2017 R.Shanmugam, S/o. Rajagopal, Special Grade Conductor(Retired), Staff No.89CR1044, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., ..Petitioner Vs.
1.Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Rep. by its Managing Director, Kumbakonam.
2.The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.
..Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to revise the petitioner's pay for the period from 01.09.2013 to 30.06.2014 based on the terms of settlement, dated 13.04.2015 entered under Section 12(3) of Industrial Disputes Act, 1947 and further direction the respondents to pay him the difference amount in his salary for the period from 01.09.2013 to 30.06.2014 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 01.02.2014 to till date together with interest at the rate of 18% per annum based on the said settlement.
For Petitioner : Mr.R.Rahul For R-1 : Mr.D.Sivaraman, Standing Counsel for T.N.S.T.C., For R-2 : Mr.A.P.Muthupandian Standing Counsel for T.N.S.T.C., ***
O R D E R
This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the respondents to revise the petitioner's pay for the period from 01.09.2013 to 30.06.2014 based on the terms of settlement, dated 13.04.2015 entered under Section 12(3) of Industrial Disputes Act, 1947 and further directing the respondents to pay him the difference amount in his salary for https://hcservices.ecourts.gov.in/hcservices/
the period from 01.09.2013 to 30.06.2014 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 01.02.2014 to till date together with interest at the rate of 18% per annum based on the said settlement.
2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents.
3. Mr.D.Sivaraman, learned Standing Counsel, takes notice for the first respondent and Mr.A.P.Muthupandian, learned Standing Counsel, takes notice for the second respondent. By consent, the Writ petition itself is taken up for final disposal.
4. Though the Writ petition is for issuing a positive direction, the learned counsel for the petitioner submit that the petitioner will be satisfied if a direction is issued to the respondents to consider the representation of the petitioner, dated 02.01.2017.
5. Considering the limited scope of the request of the learned counsel for the Writ petitioner, without expressing any opinion on the merits of the matter, this Court is inclined to issue the following direction:- "The respondents are directed to consider the representation of the petitioner, dated 02.01.2017, and pass appropriate orders in the light of settlement under Section 12(3) of Industrial Disputes Act, 1947, dated 13.04.2015, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order."
6. Accordingly, the Writ petition is disposed of. No costs. Sd/- Assistant Registrar(AD-II) /True Copy/ Sub-Assistant Registrar To
1. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.
2.The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.
+1 cc to M/s.D.SIVARAMAN,ADVOCATE,SR NO.15159 +1 CC TO M/S.A.RAHUL,ADVOCATE,SR NO.15241 PMU MAS/SKN-RSK:27.03.2017:2P-5C ORDER MADE IN W.P.(MD).No.4433 of 2017 16.03.2017 https://hcservices.ecourts.gov.in/hcservices/