P.Loganathan, v. The Tamil Nadu State Transport
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.10.2016 CORAM :
THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD)No.19606 of 2016 P.Loganathan ... Petitioner Vs.
The Tamil Nadu State Transport Corporation (Madurai) Ltd., rep.by its Managing Director, Madurai.
... Respondent Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to pay all the terminal benefits payable to the petitioner including salary arrears in terms of settlement from 01.09.2013 to 31.07.2014 gratuity and leave salary in terms of the Settlement 12(3) of the Industrial Disputes Act dated 13.04.2015 together with interest at the rate of 18% per annum from the date of his retirement to till the date of payment within the time that may be stipulated by this Court. For Petitioner : Mr.A.Rahul For Respondent : Mr.A.P.Muthupandian
O R D E R
Initially, the petitioner was employed as a Driver in the respondents Transport Corporation and later on, promoted as Special Grade Driver. He retired from service on 31.07.2014. 2.The grievance of the petitioner is that he is entitled to get the terminal benefits payable to the petitioner including salary arrears in terms of settlement from 01.09.2013 to 31.07.2014, Gratuity and Leave Salary in terms of the settlement under Section 12(3) of the Industrial Disputes Act dated 13.04.2015. Since the same have not been paid, he made a representation dated 01.10.2016 therefor and that the same has not been considered. Therefore, the petitioner has sought for this Writ of Mandamus, directing the respondent to pay the terminal benefits payable to the petitioner as mentioned supra together with 18% interest per annum from the date of retirement to till the date of payment.
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3.Learned counsel for the respondent submitted that it is agreeable for the respondents to consider the representation of the petitioner dated 01.10.2016 and to pass orders. 4.Recording the above submission, this Writ Petition is disposed of directing the respondent to consider the representation of the petitioner dated 01.10.2016 in the light of the settlement under Section 12(3) of the Industrial Disputes Act dated 13.04.2015 and to pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar mj TO THE MANAGING DIRECTOR, THE TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI) LTD., MADURAI +1cc to Mr.A.RAHUL Advocate Sr.No. 60512 JAM/29.11.16/PV/2p-3c W.P(MD)No.19606 of 2016 07.10.2016 https://hcservices.ecourts.gov.in/hcservices/