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Madras High CourtWP(MD)/20301/2016disposed of

S.Kannan, S/O.S.K.Sambasivam v. Tamil Nadu Transport

2016-10-21Honourable Dr. Justice S. Vimala2 pages

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

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.20301 of 2016 S.Kannan ... Petitioner vs.

1)The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Rep. by its Managing Director, Kumbakonam.

2)The Administrator, The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the Respondents to revise the petitioner's pay for the period from 01.09.2013 to 31.01.2015 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 by granting 3rd review benefit and further directing the respondents to pay him the difference amount in his salary for the period from 01.09.2013 to 31.01.2015 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 01.02.2015 to till date together with interest at the rate of 18% per annum based on the said settlement.

For Petitioner : Mr.A.Rahul For R1 : Mr.D.Sivaraman For R2 : Mr.A.P.Muthupandian

ORDER

The petitioner was employed as Special Grade Driver in the respondents Transport Corporation; he retired from service on 31.01.2015; his grievance is that he is entitled to revision of scale of pay in terms of the settlement dated 13.04.2015 under Section 12(3) of the Industrial Disputes Act, 1947; since his pay was not revised, he made a representation dated 06.08.2016 therefor; that representation was not considered and therefore, the petitioner has sought for this Writ of Mandamus, directing the respondents to revise his pay for the period from 01.09.2013 to https://hcservices.ecourts.gov.in/hcservices/

31.01.2015 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 by granting 3rd review benefit and further directing the respondents to pay him the difference amount in his salary for the period from 01.09.2013 to 31.01.2015 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 01.02.2015 to till date together with interest at the rate of 18% per annum based on the said settlement.

2.Learned counsels for the respondents submitted that it is agreeable for the respondents to consider the representation of the petitioner dated 06.08.2016 and to pass orders. 3.Recording the above submission, this Writ Petition is disposed of directing the respondents to consider the representation of the petitioner dated 06.08.2016, in the light of the terms of settlement dated 13.04.2015 under Section 12(3) of the Industrial Disputes Act, 1947 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(Record) /True copy/ Sub Assistant Registrar To 1)The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.

2)The Administrator, The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam,Pallavan Salai,Chennai-600 002. +1 cc to M/s.A.Rahul, Advocate in SR.No.62888 +1 cc to M/s.D.Sivaraman, Advocate in SR.No.62803 nbi CSL/PV/09.11.2016: 2p/5c W.P(MD)No.20301 of 2016 21.10.2016 https://hcservices.ecourts.gov.in/hcservices/