M.Subramanian v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2016
CORAM
THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD) No.23017 of 2016 M.Subramanian ... Petitioner -vs1.The Managing Director, (Kumbakonam) Ltd., New Railway Feeder Road, Kumbakonam.
2.The General Manager, (Kumbakonam) Ltd., Maruthupatti, Karaikudi.
3.The Administrator, Employees Pension Fund Trust, O/o.SETC, Pallavan Salai, Chennai.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to settle the entire terminal benefits of gratuity, surrender of Earned Leave and Encashment, Arrears of Dearness Allowance and Social Security Scheme to the petitioner with interest at the rate of 12% from 31.3.2016.
For Petitioner : Mr.K.S.Muthu For RR - 1 & 2 : Mr.D.Sivaraman For R - 3 : Mr.A.P.Muthupandian
ORDER
You can be young without money but you can't be old without it. ..Tennessee Williams So pleads the petitioner, praying for disbursement of retirement benefits.
The petitioner was employed as IV Level, Special Grade Driver in the respondent corporation and he retired from service on 31.03.2016 on reaching the age of superannuation. 2.He has filed this writ petition seeking for a direction to the respondents to pay the retirement benefits.
3.The First Bench of this Court in similar matter has passed an order dated 12.06.2015 in W.A(MD)Nos.383 to 457 of 2015, issuing direction to the transport corporations to settle the terminal benefits of its employees in 12 equal monthly installments and to pay 6% interest on the terminal benefits payable to the workman. The Bench has also held that workman is entitled to 18% interest for the defaulted period of installments.
4.In these circumstances, the writ petition is disposed of with the following directions:- (i)A direction is issued to the transport corporation to settle the terminal benefits of the petitioner that are yet to be settled, in twelve equal monthly installments. (ii)The first installment shall commence by making payment on or before 1st week of January, 2017 and the amount in each of the remaining installments shall be paid on or before 10th of every succeeding month.
(iii)The said terminal amount shall carry interest @ 6% per annum as per the Division Bench judgment referred to above. In case of delay in making installments, the interest payable could be 18% for the delayed period.
5.The aforesaid direction to settle the terminal benefits would not preclude the workman to question the computation of any of the terminal benefits, if the same is paid lesser than the amount to which, he is entitled to receive. Likewise, if the petitioner has any grievance that he is entitled to interest for the amount already settled, he can agitate the same as per law, if he is entitled. No costs.
Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1.The Managing Director, (Kumbakonam) Ltd., New Railway Feeder Road, Kumbakonam.
2.The General Manager, (Kumbakonam) Ltd., Maruthupatti, Karaikudi.
3.The Administrator, Employees Pension Fund Trust, O/o.SETC, Pallavan Salai, Chennai.
+1cc to Mr.D.Sivaraman, Advocate SR.No 78278 mj ms/11.01.2017/3p.5c W.P(MD)No.23017 of 2016 01.12.2016