Madras High CourtWP(MD)/21859/2016disposed of

S.Thirupathi, S/O.Somu v. The Tamil Nadu State Transport

2016-11-16Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.11.2016 CORAM :

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.21859 of 2016 and W.M.P(MD)No.15671 of 2016 S.Thirupathi ... Petitioner vs.

1)The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Rep. by its Managing Director, Karaikudi Region, 27, New Railway Station Road, Kumbakonam.

2)The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, Maruthupathi, Karaikudi, Sivagangai.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to pay the arrears of monthly salary along with settlement benefits as per the settlement dated 13.04.2015 with effect from 01.09.2013 U/S 12(3) ID Act 1947 based on the petitioner's representation dated 25.06.2016 payable to him along with responsible rate of interest within the time that may be stipulated by this Hon'ble Court.

For Petitioner : Mr.G.M.Xavier For R1 & R2 : Mr.D.Sivaraman

ORDER

The petitioner is working as SLGTM in the Madurai Branch of the respondent corporation. His grievance is that he is entitled to revision of scale of pay, as per the Settlement, dated https://hcservices.ecourts.gov.in/hcservices/

13.04.2015, entered into under Section 12(3) of the Industrial Disputes Act. Since his pay has not been revised, he has made a representation dated 25.06.2016 therefor, and that the same has not been considered. Hence, this writ petition has been filed, for direction to the respondents to pay the arrears of monthly salary, along with settlement benefits along with interest, as per the 12(3) settlement dated 13.04.2015, with effect from 01.09.2013, based on the petitioner's representation dated 25.06.2016, within a time frame to be fixed by this Court. 2.The learned counsel for the respondents corporation submitted that it is agreeable for the respondents to consider the representation of the petitioner dated 25.06.2016 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 25.06.2016, in the light of the Settlement dated 13.04.2015 entered into under section 12(3) of 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. Consequently, W.M.P(MD)No.15671 of 2016 is closed. Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To 1)The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, 27, New Railway Station Road,Kumbakonam.

2)The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, Maruthupathi, Karaikudi, Sivagangai. +1 cc to M/s.D.Sivaraman, Advocate in SR.No. 70036 nbi CSL/CK/05.01.2017 : 2P/4C W.P(MD)No.21859 of 2016 16.11.2016 https://hcservices.ecourts.gov.in/hcservices/