J.Babu Vasantha Kumar, v. The General Manager,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COUT DATED : 25.10.2016 CORAM :
THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.20479 of 2016 J.Babu Vasantha Kumar ... Petitioner vs.
1.The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli Region, Tirunelveli - 627 011.
2.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 respondent to settle the petitioner's retirement benefits including gratuity earned leave wages for 148 days difference in Grade Pay and Arrears of Pension payable to petitioner along with monthly pension as per the settlement dated 13.04.2015 U/S.12(3) of ID Act w.e.f. 01.09.2013 with 18% rate of interest within the time that may be stipulated by this Court.
For Petitioner : Mr.G.M.Xavier For R - 1 : Mr.K.Sathiya Singh For R - 2 : Mr.A.P.Muthupandian
ORDER
The petitioner was employed as Driving Inspector in the respondents Transport Corporation; he retired from service on 31.05.2014; his grievance is that he is entitled to get the retirement benefits including gratuity, earned leave wages for 148 days, difference in Grade Pay and Arrears of Pension payable to petitioner along with monthly pension in terms of the settlement dated 13.04.2015 under Section 12(3) of the Industrial Disputes Act, 1947; since the same has not been paid, he made representations dated 04.10.2016 and 17.10.2016 therefor; that representation were not considered and therefore, the petitioner has sought for this Writ of Mandamus, directing the respondents to https://hcservices.ecourts.gov.in/hcservices/
settle the retirement benefits as mentioned above with 18% interest per annum based on the said settlement. 2.Learned counsel for the respondents submitted that it is agreeable for the respondents to consider the representation of the petitioner dated 17.10.2016 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 17.10.2016, in the light of the terms of settlement dated 13.04.2015 entired into 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 (Crl.) /True copy/ Sub Assistant Registrar To 1.The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli Region, Tirunelveli - 627 011.
2.The Administrator, The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.
+1 CC to Mr.G.M.XAVIER,, Advocate, SR No.63492 +1 CC to Mr.K.SATHIYA SINGH, Advocate, SR No.63251 W.P(MD)No.20479 of 2016 25.10.2016 mj SH/SKS-RR:22.11.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/