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Madras High CourtWP(MD)/24409/2016disposed of

Venkatachalam, S/O.Gopal v. The Principal Secretary To

2016-12-21Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2016 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.24409 of 2016 Venkatachalam ... Petitioner vs.

1)The Principal Secretary to Government of Tamil Nadu, Transport Department and Chairman of Transport Corporation, Fort St.George, Chennai-9.

2)The Management of Tamil Nadu State Transport Corporation, (Madurai) Limited, Represented by its Managing Director, Bye-Pass Road, Madurai-10.

3)The General Manager, Tamil Nadu State Transport Corporation, (Madurai) Limited, Dindigul Region, Dindigul. 4)The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-2.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, (i)directing the respondents to extend the 4th and 5th review benefits to the petitioner based on settlement dated 22.01.2011 entered into under section 12(3) of Industrial Disputes Act and (ii)to enhance / revise his salary with effect from 01.09.2010 by issuing revised pay fixation order for the petitioner's promotion to the posts of Senior Checking Inspector and Traffic Inspector in the 2nd respondent Corporation as per G.O.(Ms)No.61, Transport (C) Department dated 30.04.2015 and (iii)consequently directing the respondents to pay the petitioner's arrears of difference in salary payable to the petitioner for the period commencing from 01.09.2010 to his date of retirement i.e., 31.12.2012 and also to compute and pay revised pension benefits with interest at the rate of 12% based on the above settlement.

For Petitioner : Mr.J.Lawrance For R1 : Mr.K.P.Krishnadass For R2 to R4 : Mr.A.P.Muthupandian

ORDER

The petitioner was employed as Traffic Inspector. He retired from service on 31.12.2012. His grievance is that he is entitled to revision of scale of pay in terms of the settlement entered into under Section 12(3) of the Industrial Disputes Act, 1947. Since 4th and 5th review benefits based on settlement dated 22.01.2011 were not granted, he made a representation dated 13.08.2015 therefor and that the same has not been considered. Therefore, this writ petition has been filed for issuance of a Writ of Mandamus, (i)directing the respondents to extend 4th and 5th review benefits to the petitioner based on settlement. Dated 22.01.2011, entered into under section 12(3) of Industrial Disputes Act, and (ii)to enhance / revise his salary with effect from 01.09.

2010, by issuing revised pay fixation order for the petitioner's promotion to the posts of Senior Checking Inspector and Traffic Inspector in the 2nd respondent Corporation as per G.O.(Ms)No.61, Transport (C) Department, dated 30.04.2015, and (iii)consequently, directing the respondents to pay the petitioner's arrears of difference in salary payable to the petitioner for the period commencing from 01.09.2010 to his date of retirement i.e., 31.12.2012 and also to compute and pay revised pension benefits with interest at the rate of 12% based on the above settlement.

2.Learned counsels for the respondents submitted that the respondents would dispose of the representation of the petitioner dated 13.08.2015 within a time frame.

3.Recording the above submissions, this Writ Petition is disposed of directing the respondents to consider the representation of the petitioner dated 13.08.2015, in the light of the terms of settlement dated 22.01.2011 entered under Section 12

(3) of Industrial Disputes Act, 1947, and to pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar

To 1)The Principal Secretary to Government of Tamil Nadu, Transport Department and Chairman of Transport Corporation, Fort St.George, Chennai-19.

2)The Management of Tamil Nadu State Transport Corporation, (Madurai) Limited, Represented by its Managing Director, Bye-Pass Road, Madurai-10.

3)The General Manager, Tamil Nadu State Transport Corporation, (Madurai) Limited, Dindigul Region, Dindigul. 4)The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-2.

+1 cc to M/s.J.Laurence, Advocate in SR.No.83347 nbi TTN/10.01.2017 : 3P-6C W.P(MD)No.24409 of 2016 21.12.2016