Vairavarethinam, S/O.Muniyandi v. The Managing Director,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2016
CORAM
THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.17934 of 2016 Vairavarethinam .. Petitioner Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam, Thanjore District.
2.The General Manager, Corporation (Kumbakonam) Ltd., Karaikudi Region, Bye-pass Road, Karaikudi, Sivagangai District.
3.The Administrator, Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the Respondents to pay petitioner Gratuity and Leave salary with interest at the rate of 18% per annum within a stipulated time. For Petitioner : Mr.A.Shajahan For R1 & R2 : Mr.D.Sivaraman For R3 : Mr.A.P.Muthupandian *****
O R D E R
The petitioner was employed as Conductor in the respondent Corporation and he Voluntarily retired from service on 21.06.2013.
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 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.
4.In these circumstances, the writ petition is disposed of with the following directions:
i) A direction is issued to the transport corporation to settle the terminal benefits of the petitioner that are yet to be settled, in twelve equal monthly installments; ii) The first installment shall commence by making payment on or before First week of November, 2016, and the amount in each of the remaining installments shall be paid on or before 10th of every succeeding month;
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 /True Copy/ Sub Assistant Registrar rj2 To, The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam, Thanjore District.
2.The General Manager, Corporation (Kumbakonam) Ltd., Karaikudi Region, Bye-pass Road, Karaikudi, Sivagangai District.
3.The Administrator, Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
+1CC to Mr.A.Shajahan, Advocate Sr.No.54096 +1CC to Mr.D.Sivaraman, Advocate Sr.No.54508 GJM/SKS/RR/18.10.16-3p-6c W.P(MD)No.17934 of 2016 21.09.2016