Madras High CourtWP(MD)/23872/2016disposed of

E.Ananthan, S/O.Erulappan, v. The Tamil Nadu State Transport

2016-12-14Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2016 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.23872 of 2016 E.Ananthan ... Petitioner vs.

1)The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Represented by its Managing Director, Tirunelveli.

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

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 pay the entire eligible terminal benefits payable to the petitioner including salary arrears in terms of settlement from 01.09.2013 to 30.09.2014, Gratuity, Provident Fund and Earned Leave salary in terms of settlement under Section 12(3) of the Industrial Disputes Act dated 13.04.2015 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 Hon'ble Court.

For Petitioner : Mr.A.Rahul For Respondents : Mr.K.Sathiyasingh

ORDER

The petitioner was employed as Special Grade Driver in the respondents Corporation and he retired from service on 30.09.2014 on attaining the age of superannuation.

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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 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, this 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 the 10th February 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;

iv) 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(Admin) /True copy/ Sub Assistant Registrar To +1 cc to M/s.A.Rahul, Advocate in SR.No. 80725 +1 cc to M/s.K.Sathiya Singh, Advocate in SR.No. 81044 nbi CSL/GSV-PM/02.01.2017 : 2P/3C W.P(MD)No.23872 of 2016 14.12.2016 https://hcservices.ecourts.gov.in/hcservices/