Madras High CourtWP(MD)/23969/2016disposed of

S.Sellappan v. The Managing Director

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.23969 of 2016 S.Sellappan ... Petitioner vs.

1)The Managing Director, Tamilnadu State Transport Corporation (Tirunelveli) Ltd., Kattabomman Nagar, Tirunelveli-627 011.

2)The General Manager, Tamilnadu State Transport Corporation (Tirunelveli) Ltd., Kattabomman Nagar, Tirunelveli-627 011.

3)The Administrator, Tamil Nadu State Transport Corporation Employees' Provident Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002. 4)The Deputy Manager(Wages), Tamilnadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Kanyakumari District.

... 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 all the retirement benefits viz., voluntary retirement compensation benefit, gratuity, Provident Fund, Leave Salary with 18% interest per annum for other benefits etc., immediately.

For Petitioner : Mr.P.M.Vishnuvarthanan For R1, R2 & R4 : Mr.K.Sathiyasingh

ORDER

Mr.Selva Gomathi Kumar, General Manager, in-charge of the transport corporation in respect of three Regions namely, Tirunelveli, Tuticorin and Kanyakumari, who is present before this Court, has stated that Mr.K.Sathiyasingh is the standing counsel representing the transport corporation in respect of the abovesaid regions. The said statement is placed on record. https://hcservices.ecourts.gov.in/hcservices/

The petitioner was employed as a driver in the respondents Corporation and he voluntarily retired from service on 30.04.2014. 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 instalments. 4.

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 instalments, 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/- Deputy Registrar /True Copy/ Sub Assistant Registrar nbi +1CC to Mr.P.M.Vishnu Varthanan, Advocate Sr.No.80776 +1CC to Mr.K.Sathiya Singh, Standing Counsel Sr.No.81053 GJM/SKS/RR/2.1.17-2p-3C W.P(MD)No.23969 of 2016 14.12.2016 https://hcservices.ecourts.gov.in/hcservices/