K.V. Durairaj v. The Management Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2017 CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.584 of 2017 K.V.Durairaj ... Petitioner vs.
1. The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam Region, Rep. by its General Manager, Kumbakonam.
2. The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.
Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, Mandamus directing the 1st respondent to pay Rs.5,00,178/- towards gratuity and Rs.1,27,062/- towards leave Salary and also arrears of wages for the period from 01.09.2013 to 31.01.2016 payable pursuant new wage settlement together with 18% interest per annum along with interest amounts towards the delays in paying EPF Employees Contribution amount Rs.3,84,295/- for the period from 31.1.16 to 22.7.16 at the rate as per EPF Scheme and also in paying the Employees Social Security Scheme benefit amount Rs.50,000/- for the period from 31.01.2016 to 28.03.2016 at 18% p.a. and further directing the respondents to pay him Rs.2,11,000/- towards the pension commutation amount and arrears of pension from 01.05.
2016 by revising his pension and the college share amount of Rs.4,500/- together with 18% interest per annum after calculating all his terminal/pension benefits based on the monthly wages payable to him on the month of his retirement i.e. February, 2016 by revising the same as per the settlement dated 13.04.15 as ordered by the Hon'ble Division Bench of this Court in its order dated 29.01.2016 in W.A.(MD) No.1457/2015 and etc., batch..
For Petitioner : Mr.V.Anand For R1 : Mr.D.Sivaraman For R2 : Mr.A.P.Muthupandian
ORDER
The petitioner was employed as Conductor in the 1st respondent Corporation and he retired from service on 31.01.2016 as Special Grade Conductor 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.
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 (CS-II) /True Copy/ Sub Assistant Registrar
ar To:
1. The General Manager, Tamil Nadu StateTransport Corporation (Kumbakonam) Ltd., Kumbakonam Region, Kumbakonam.
2. The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.
+1CC to Mr.V.Anand, Advocate Sr.No.2410 +1CC to Mr.D.Sivaraman, Advocate Sr.No.2587 GJM/CM/MSA/21.2.17-3p-5C W.P(MD)No.584 of 2017 12.01.2017