Madras High CourtWP(MD)/5847/2017disposed of

S.Jothi, v. The Management Of

2017-04-05Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.5847 of 2017 S.Jothi .. Petitioner Vs.

1.The Management of Tamilnadu State Transport Corporation (Coimbatore) Ltd, Erode Region, Rep. By its Managing Director, Erode.

2.The Branch Manager, Karur Branch of Tamilnadu State Transport Corporation (Coimbatore) Ltd, Erode Region, Karur.

.. Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to pay the entire amount as stood in the credit of E.P.F. Account of the husband of the petitioner/deceased employee K.P.Krishnan, Staff No.88AD2J/00878, as E.P.F. Employee's contribution to her forthwith, together with 18% interest per annum.

For Petitioner : Mr.

S.Arunachalam For Respondent : K.Sathyasingh Standing Counsel for TNSTC

O R D E R

The Writ petition has been filed to direct the first respondent to pay the entire amount as stood in the credit of E.P.F. Account of the husband of the petitioner/deceased employee K.P.Krishnan, staff No.88AD2J/00878, as E.P.F. Employee's contribution to her forthwith, together with 18% interest per annum.

2.The petitioner's Husband is a retired employee of the respondent corporation and she is seeking disbursement of terminal benefits namely, EPF, gratuity and leave salary, etc,. Earlier the petitioner was approached this court by filing WP(MD)No.23630 of https://hcservices.ecourts.gov.in/hcservices/

2016 praying for issuing of Writ of Mandamus to direct the first respondent to pay the amount due towards gratuity, leave salary and other benefits. Though, there was a direction in the earlier Writ Petition, directing the first respondent to settle the entire terminal benefits, it is contented that the first respondent is not yet paid any amount towards the benefits. It is further contented by the petitioner that the EPF of Contributions, which was deducted from the salary payable to the petitioner has not been settled.

3. It is further contented that the first respondent though promises to take steps to pay the entire amount of employee of corporation immediately, the amount was not paid even after this length of time. In the above said circumstances, the petitioner filed the present Writ Petition.

4.Considering the grievances of the petitioner , who is the wife of the deceased employer of the first respondent, this Court is inclined to pass the following direction:- (i)The first respondent is directed to pay the entire amount, which has to be now credited on EPF of the account of Petitioner's Husband, the deceased employee of the respondent (Staff No.88AD2J/00878) with interest at the rate of 6% per annum in 12 monthly installments starting from June 10, 2017. (ii) First installment shall be made in payment on or before the first week of June 2017 and the amount of each installments shall be paid on or before succeeding 10th day of every month.

(iii).The amount shall carry interest of 6% per annum. Incase of delay in making installments, the interest payable shall be 18% for the delay period. No costs. Accordingly, this Writ Petition is disposed of.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar TA/CP +1 cc to Mr.S.ARUNACHALAM, Advocate SR.No.

50529 +1 cc to Mr.K.SATHIYA SINGH, Advocate SR.No. 50273 ORDER MADE IN W.P.(MD).No.5847 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 05.04.2017 SMA/MSA/SAR-3/12.05.2017:2P/3C