Thangadurai, v. The Management Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2016 CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.24544 of 2016 A.Thangadurai
...Petitioner
vs.
1.The Management of State Express Transport Corporation (Tamilnadu ) Ltd, Rep. By its Managing Director, Pallavan Salai,Chennai -2.
2.The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust Thiruvalluvar Illam,Anna 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 1st respondent to pay him Rs.4,00,067/- towards E.P.F. Employee's Contributions, Rs.1,39,135/- towards Leave Salary, Rs.50,000/- towards Social Security Scheme benefit, Rs.5,000/- towards refundable deposits and Rs.20,521/- towards balance of gratuity, together with 18% interest per annum, along with interest amounts towards the delay periods from 31.05.15 to 20.04.16 and from 31.05.15 to 20.05.16 and also from 31.05.15 to 07.10.16 in paying the parts of the gratuity as Rs.2,00,000/- and Rs.1,50,000/- and Rs.2,46,552/- respectively, at the rate as per Sec.7 (3A) of the payment of Gratuity Act and further directing the respondents to pay him Rs.2,70,919/- towards the Pension Commutation amount, together with 18% interest per annum, within a time frame as may be fixed by this Hon'ble Court.
For Petitioner : Mr.S.Arunachalam For R1 : Mr.K.Sathiya Singh For R2 : Mr.A.P.Muthupandian
ORDER
The petitioner was employed as Selection Grade Senior Conductor in the respondents Corporation and he retired from service on 31.05.2015 on attaining 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 equal monthly instalments and to pay 6% interest on the terminal benefits payable to the workman. The Bench has also held that workman is entitled to 18% https://hcservices.ecourts.gov.in/hcservices/
interest for the defaulted period of instalment. 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 instalments; ii)The first installment shall commence by making payment on or before the 10th February 2017 and the amount in each of the remaining instalments 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 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(Accounts) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.
To 1.The Managing Director, Management of State Express Transport Corporation (Tamilnadu ) Ltd, Pallavan Salai,Chennai -2.
2.The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust Thiruvalluvar Illam,Anna Salai,Chennai - 2.
W.P(MD)No.24544 of 2016 21.12.2016 nbi PBK 10/01/2017 ::2P-3C:
https://hcservices.ecourts.gov.in/hcservices/