Madras High CourtWP(MD)/16813/2016disposed of

P.Loganathan, S/O.Ponnazhagu v. The Management Of

2016-11-10Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :10.11.2016

CORAM:

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.16813 of 2016 P.Loganathan, : Petitioner Vs.

1. The Management of Tamilnadu State Transport Corporation (Kumbakonam) Ltd, Karaikudi Region, rep. By its General Manager, Karaikudi.

2. The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to pay the Petitioner Rs.4,21,272/- towards Gratuity Rs.5,000/- towards refundable deposits Rs.1,27,864/- towards Earned Leave Salary, Wages for the Sick Leaves earned by him in his service before 31.08.98 and stood in his leave credit and also arrears of wages for the period from 01.09.13 to 31.03.15 payable pursuant to new wage settlement dated 13.04.15, together with 18% interest per annum, along with interest amount towards the delay in paying EPF Employee's Contribution amount Rs.3,21,529/- for the period from 31.05.16 to 21.03.17 at the rate as per EPF Scheme and further directing the respondents to pay him Rs.1,65,344/- towards the Pension Commutation, together with 18% interest per annum, within a time frame as may be fixed by this Court.

For Petitioner : Mr.S.Arunachalam For Respondent No.1 : Mr.D.Sivaraman For Respondent No.2 : Mr.A.P.Muthupandian

O R D E R

You can be young without money but you can't be old without it. ..Tennessee Williams So pleads the petitioner, praying for disbursement of retirement benefits.

2.The petitioner was employed as Selection Grade Conductor in the respondent Corporation and he retired from service on 31.05.2016 on reaching the age of superannuation. 3.He has filed this writ petition seeking for a direction to the respondents to pay the retirement benefits. 4.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. 5.

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(CO) /True copy/ Sub Assistant Registrar

1. The General Manager, Management of Tamilnadu State Transport Corporation (Kumbakonam) Ltd, Karaikudi Region, Karaikudi.

2. The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.

+1 cc to M/s.D.Sivaraman, Advocate in SR.No. 67809 +1 cc to M/s.S.Arunachalam, Advocate in SR.No. 68266 smn CSL/DB/25.11.2016: 3P/5C W.P(MD)No.16813 of 2016 10.11.2016 (2/5)