R.Kanakaraju,S/O.K.Ramasamy, v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2016 CORAM :
THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P(MD)No.233 of 2016 P.Kanakaraju ... Petitioner Vs.
1. The State of Tamil Nadu, rep. By its Secretary to Government Transport Department and Chairman of Board of Directors of State Transport Undertakings, Fort St. George, Chennai-9.
2. The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam.
3. The General Manager, The Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd., Trichy Division, Trichy.
4. The Administrator, The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.
... Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus,directing the respondents to pay entire terminal benefits payable to the petitioner including salary arrears in terms of settlement under Section 12(3) of the Industrial Disputes Act, dated 13.04.2015, provident fund, gratuity, the commuted value of pension, leave salary together with interest at the rate of 18% per annum from the date of his retirement to till the date of payment within the time that may be stipulated by this Court. For Petitioner : Mr.A.Rahul For Respondents: Mr.T.R.Janardhanan, A.G.P. For R1 D.Sivaraman, RR2 to 4
ORDER
The petitioner was employed as Conductor in the respondent corporation and he retired from service on 30.06.2015 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.A counter affidavit is filed. In paragraph 3 of the counter affidavit, the details of the amount settled as well as the amount due to the petitioner towards the terminal benefits is given. The same is extracted hereunder:- Sl.
No Details of the Retirement benefits Settled Amount Settled on To be settled Provident Fund 255833.00 23.05.2015 Commutation 212356.00 Gratuity 487082.00 Leave Salary 108986.00 ESPS 42725.00 11.09.2015 IRT refund 4500.00 11.09.2015 Total 808424.00 4.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.
5.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 eligible terminal benefits of the petitioner that are yet to be settled as per paragraph 3 of the counter affidavit, in twelve equal monthly installments.
(ii)The first installment shall commence by making payment on or before 10.03.2016 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.
6.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 (W) /True Copy/ Sub Assistant Registrar To The Secretary to Government, State of Tamil Nadu Transport Department and Chairman of Board of Directors of State Transport Undertakings, Fort St. George, Chennai - 9.
+ 1 CC TO MR.A.RAHUL, ADVOCATE IN SR NO.5826/16 + 1 CC TO MR.D.SIVARAMAN, ADVOCATE IN SR NO. 6027/16 ARUL TE/MPA/ : 24/02/2016 : 3P/4C W.P(MD)No.233 of 2016 28.01.2016