A.Soundarrajan, S/O.Antonysamy v. Tamil Nadu State Transport
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2016
CORAM:
THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)Nos.24245, 24247 and 24250 of 2016 W.P.(MD)No.24245 of 2016:
A.Soundarrajan ...
Petitioner Vs.
1.The Tamil nadu State Transport Represented by its Managing Director, ...
Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to settle the earned leave salary of Rs.1,01,150/- for 75 days from 2011-2015 together with interest at the rate of 18% per annum payable from the date of retirement of the petitioner to till the date of payment.
W.P.(MD)No.24247 of 2016:
V.Rengasamy ...
Petitioner Vs.
1.The Tamil nadu State Transport Represented by its Managing Director, ...
Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to settle the earned leave salary of Rs.1,19,600/- for 65 days from 2011-2015 together with interest at the rate of 18% per annum
payable from the date of retirement of the petitioner to till the date of payment.
W.P.(MD)No.24250 of 2016:
R.Seralathan ...
Petitioner Vs.
1.The Tamil nadu State Transport Represented by its Managing Director, ...
Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to settle the earned leave salary of Rs.1,02,816/- for 84 days from 2011-2015 together with interest at the rate of 18% per annum payable from the date of retirement of the petitioner to till the date of payment.
For Petitioners : Mr.A.Rahul For Respondents : Mr.D.Sivaraman COMMON ORDER These writ petitions have been filed, seeking a direction directing the respondents to settle the petitioners' earned leave surrender salary from 2010-2014 together with interest at the rate of 18% per annum payable from the date of retirement to till the date of actual payment.
2.The case of the petitioners is that they joined the service of the respondents Corporation and retired from service on attaining the age of superannuation; that their earned leave salary have not been disbursed to them from 2010 to 2014 on the ground of the 1st respondent Corporation facing financial crisis and therefore, the petitioners are before this Court, seeking the relief stated supra.
3.Learned counsel for the petitioners has relied upon a judgment of this Court in the case of S.Saminathan vs. The State of Tamil Nadu, represented by its Secretary to Government and others [W.P.(MD) No.212 of 2016] decided on 28.01.2016, by which, this Court directed the respondents therein to settle all the arrears due to the petitioner therein in twelve monthly installments. Learned counsel for the petitioners has submitted
that in the case cited supra, no terminal benefits were granted to the petitioners therein after his superannuation and therefore, this Court directed the respondents therein to settle the amount in twelve monthly installments. Whereas in the present cases on hand, only meagre amount towards earned leave surrender salary is due to the petitioners and therefore, the same may be directed to be settled to the petitioners in lump sum.
4.Learned Standing Counsel appearing for the respondents would contend that it is not in dispute that the petitioners are entitled to earned leave surrender salary and it has to be ascertained as to whether they have made any claim for disbursement of the said salary in the respective years, as there is no reference either in the affidavit as well as in the typeset of papers with regard to the forwarding of any letter / application, claiming the said amount. He has further submitted that it has to be ascertained as to whether the period for which leave salary is claimed in these writ petitions have been included in the final settlement of surrender leave salary of 240 days after their retirement. Moreover, the respondents / Corporation have been undergoing severe economical crisis, which is also one of the reasons for not releasing the amount.
5.The financial crisis cannot be the ground to deprive the benefit of earned leave surrender salary to the petitioners, especially when the claim of earned leave surrender salary for 15 days per year or 30 days once in two years has been admitted in the settlement effected under Section 12(3) of the Industrial Disputes Act, 1947.
6.Therefore, the respondents are directed to consider the claim of the petitioners for payment of the earned leave surrender salary in respect of the years 2010-2014 and pay the eligible amount to the petitioners as per the commitment made by the respondents under Section 12(3) settlement within a period of eight weeks from the date of receipt of a copy of this order. 7.With the above direction, these Writ Petitions are disposed of. No costs.
Sd/- Assistant Registrar(Writs) /True Copy/ Sub-Assistant Registrar
To 1.The Managing Director, +3 ccs to Mr.D.Sivaraman, Advocate, SR.Nos.82542, 82545 and 82532 +3 ccs to Mr.A.Rahul, Advocate, SR.Nos.82261, 82264, 82259 nbj RL/9C/4P/RR/9.3.2017 W.P.(MD)Nos.24245, 24247 and 24250 of 2016 20.12.2016