K.Subramanian, S/O.Kakkum v. The General Manager,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.11.2016 CORAM :
THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.20916 of 2016 K.Subramanian ... Petitioner vs.
1. The General Manager, The 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.
... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents to settle the petitioner's retirement benefits including Provident Fund, Gratuity, Earned Leave Wages for 179 days and Arrears of pension payable to him 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 Traffic Inspector in the respondents Transport Corporation; he retired from service on 30.06.2014; his grievance is that he is entitled to get the retirement benefits including Provident Fund, Gratuity, Earned Leave Wages for 179 days and Arrears of pension payable to him 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 a representation dated 14.10.2016 therefor; that representation is not considered and therefore, the petitioner has https://hcservices.ecourts.gov.in/hcservices/
sought for this Writ of Mandamus, directing the respondents to 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 14.10.2016 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 14.10.2016, in the light of the terms of settlement dated 13.04.2015 extended 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, The 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.
+ 1 CC TO Mr.G.M.XAVIER, ADVOCATE IN SR No. 64619 + 1 CC TO Mr.K.SATHIYA SINGH, ADVOCATE IN SR No. 64930 MJ TE/GSV-PM : 22/11/2016 : 2P/5C W.P(MD)No.20916 of 2016 01.11.2016 https://hcservices.ecourts.gov.in/hcservices/