J.Rama, W/O.P.Jeyaprakash v. The Management Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.10.2016 CORAM :

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.20264 of 2016 J.Rama ... Petitioner vs.

The Management of Tamilnadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Rep. by its General Manager, Dindigul.

... Respondent Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondent to pay the petitioners Rs.6,04,214/- towards Gratuity, Rs.580/- towards Leave Salary and Rs.4,00300/- towards provident fund and also arrears of wages for the period from 01.09.13 to 24.03.16 payable pursuant new wage settlement, together with 18% interest per annum, within a time frame as may be fixed by this Hon'ble Court.

For Petitioner : Mr.R.Murugan For Respondent : Mr.A.Jeyaram

ORDER

The petitioner's husband was employed as Senior Grade Driver in the respondents Corporation and he died on 24.03.2016 while in service.

2.Seeking for a direction to the respondents to pay the retirement benefits of her husband, the wife of the employee has filed this writ petition.

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. https://hcservices.ecourts.gov.in/hcservices/

4.In these circumstances, this 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's husband that are yet to be settled, in twelve equal monthly installments; ii)The first installment shall commence by making payment on or before the First Week of December 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 petitioner to question the computation of any of the terminal benefits, if the same is paid lesser than the amount to which, her husband is entitled to receive. Likewise, if the petitioner has any grievance that her husband is entitled to interest for the amount already settled, she can agitate the same as per law, if her husband is entitled. No costs. Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar +1 CC to Mr.R.MURUGAN, Advocate, SR No.62565 nbi SH/SKS-RR:11.11.2016:2P/2C W.P(MD)No.20264 of 2016 https://hcservices.ecourts.gov.in/hcservices/