S.A.John, S/O.T.R.S.Abdul v. Tamil Nadu State Transport
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.04.2017
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.6594 of 2017 S.A.John ..Petitioner Vs.
1.Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Rep. By its Managing Director, Kumbakonam.
2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, Karaikudi.
3.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 refix and revise the petitioner's pay for the period from 01.09.2013 to 31.03.2015 based on the terms of settlement dated 13.04.2015 entered under Section 12(3) of Industrial Disputes Act, 1947 by giving pay revision at the rate of 5.5% and further directing the respondents to pay him the difference amount in his salary for the period from 01.09.2013 to 31.03.2015 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 01.04.2015 to till date together with interest at the rate of 18% per annum based on the said settlement.
For Petitioner : Mr.A.Rahul For Respondents : Mr.D.Sivaraman Standing Counsel.
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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 refix and revise the petitioner's pay for the period from 01.09.2013 to
31.03.2015 based on the terms of settlement dated 13.04.2015 entered under Section 12(3) of Industrial Disputes Act,1947 by giving pay revision at the rate of 5.5% and further directing the respondents to pay him the difference amount in his salary for the period from 01.09.2013 to 31.03.2015 and to pay difference in his retirement benefits including monthly pension, gratuity, leave salary, commuted value of pension and all other attendant benefits payable form 01.04.2015 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 for TNSTC appearing for the respondents.
3. Mr.D.Sivaraman, learned Standing Counsel, takes notice for the respondents. 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 19.12.2016 within the time frame fixed by this court, taking into account the terms of settlement dated 13.04.2015 entered under Section 12(3) of Industrial Disputes Act, 1947.
5. Having regard to the limited scope of the prayer now sought for by 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 19.12.2016, and pass appropriate orders on merits and in accordance with law, in the light of the terms of settlement dated 13.04.2015 entered under Section 12(3) of Industrial Disputes Act, 1947, within a period of six weeks from the date of receipt of a copy of this order."
6. Accordingly, the Writ petition is disposed of. No costs. Sd ASST REGISTRAR( CS I ) TRUE COPY SUB ASST REGISTRAR KM/MR
To 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.
2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, Karaikudi.
3.The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.
1cc to MR. A. RAHUL, ADVOCATE SR: 51642 1CC TO MR. D. SIVARAMAN, ADVOCATE SR: 51704 KK MR SAR 2/27/04/2017 3P 6C ORDER MADE IN W.P.(MD).No.6594 of 2017 12.04.2017