R.M.Selvaraj, S/O.R.Manickam v. The Tamil Nadu Transort
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.10.2016 CORAM :
THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.20309 of 2016 R.M.Selvaraj ... Petitioner vs.
1)The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Rep. by its Managing Director, Kumbakonam.
2)The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam Region, Kumbakonam.
3)The Administrator, The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002.
... 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 28.02.2014 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 to pay his surrender leave salary for the period of 60 days commencing from 2011 to 2014 and further directing the respondents to pay him the difference amount in his salary for the period from 01.09.2013 to 28.02.2014 and to pay difference in his retirement benefits including monthly pension, gratuity, leave salary, commuted value of pension and all other attendant benefits from 01.03.2014 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 & R2 : Mr.D.Sivaraman For R3 : Mr.A.P.Muthupandian https://hcservices.ecourts.gov.in/hcservices/
ORDER
The petitioner was employed as Traffic Inspector in the respondents Transport Corporation; he retired from service on 28.02.2014; 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 04.01.2016 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 28.02.2014 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 to pay his surrender leave salary for the period of 60 days commencing from 2011 to 2014 and further directing the respondents to pay him the difference amount in his salary for the period from 01.09.2013 to 28.02.2014 and to pay difference in his retirement benefits including monthly pension, gratuity, leave salary, commuted value of pension and all other attendant benefits from 01.03.2014 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 04.01.2016 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 04.01.2016, 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 (CS-I) /True Copy/ Sub Assistant Registrar + 1 CC TO Mr.A.RAHUL, ADVOCATE IN SR No. 62893 + 1 CC TO Mr.D.SIVARAMAN, ADVOCATE IN SR No. 62800 NBI TE/GSV-PM : 23/11/2016 : 2P/3C W.P(MD)No.20309 of 2016 21.10.2016 https://hcservices.ecourts.gov.in/hcservices/