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Madras High CourtWP(MD)/21909/2016disposed of

S.Anandan, S/O.Sambandam, v. 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.21909 of 2016 S.Anandan ... Petitioner vs.

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

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

3)The Administrator, 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, refix pay of the petitioner for the period from 01.09.2013 to 31.12.2014 based on the terms of settlement dated 13.04.2015 entered under section 12(3) of Industrial Disputes Act, 1947 and further directing the respondents to pay him the difference amount in his salary for the period from 01.09.2013 to 31.12.2014 and to pay difference in retirement benefits including monthly pension, gratuity, leave salary, commuted value of pension and all other attendant benefits payable from 01.01.2015 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 & R2 : Mr.D.Sivaraman For R3 : Mr.A.P.Muthupandian

ORDER

The petitioner was employed as a Special Grade Conductor in the respondents Transport Corporation and he retired from service on 31.12.2014. His grievance is that he is entitled to revision of scale of pay as per the Settlement dated 13.04.2015 entered into under Section 12(3) of the Industrial Disputes Act. Since https://hcservices.ecourts.gov.in/hcservices/

his pay has not been revised, he has made representations dated 21.12.2015 and 20.08.2016 respectively, therefor and that the same have not been considered. Therefore, the petitioner has sought for this Writ of Mandamus, seeking a direction to the respondents to revise the pay of the petitioner for the period from 01.09.2013 to 31.12.2014, based on the terms of settlement dated 13.04.2015, entered under section 12(3) of Industrial Disputes Act, 1947, and to further direct the respondents to pay him the difference amount in his salary for the period from 01.09.2013 to 31.12.2014 and to pay the difference in retirement benefits including monthly pension, gratuity, leave salary, commuted value of pension and all other attendant benefits payable from 01.01.2015 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 representations dated 21.12.2015 and 20.08.2016 respectively, and to pass orders. 3.Recording the above submission, this Writ Petition is disposed of directing the respondents to consider the representations dated 21.12.2015 and 20.08.2016 respectively, in the light of the Settlement dated 13.04.2015 entered 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.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar nbi To 1)The Managing Director,Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,Kumbakonam.

2)The General Manager,Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,Nagapattinam Region, Nagapattinam. 3)The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai,Chennai-2.

+1CC to Mr.A.Rahul, Advocate Sr.no.69409 +1CC to Mr.D.Sivaraman, Advocate Sr.No.70033 SMA/SKN/20.12.16-2p-6c W.P(MD)No.21909 of 2016 16.11.2016 https://hcservices.ecourts.gov.in/hcservices/