Elangovan. S v. The Management Of Tamilnadu State Transport Corporation (Madurai) Limited
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA S.Elangovan ... Petitioner vs.
The Management of Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Rep. By its General Manager, Dindigul.
... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to revise re-fix the scale of pay of the petitioner w.e.f. 01.09.19 to till his retirement based on the wage settlement dated 24.08.22 and consequently to pay him difference arrears of wages for the period from 01.09.19 to 30.06.22 and also terminal benefits namely Gratuity and Encashment of Leave after revising the same based on such re-fixed scale of pay payable to him on the month of his retirement together with 18 percentage interest per annum within a time frame as may be fixed by this Court. 1/6
For Petitioner :
Mr.S.Arunachalam For Respondent :
Mr.Rama Chandra Pradeep
ORDER
Heard Mr.S.Arunachalam, learned counsel appearing for the petitioner and Mr.Rama Chandra Pradeep, learned Counsel appearing for respondent.
2. The petitioner has filed this petition seeking to issue a Writ of Mandamus, directing the respondent to revise re-fix the scale of pay of the petitioner w.e.f. 01.09.19 to till his retirement based on the wage settlement dated 24.08.22 and consequently to pay him difference arrears of wages for the period from 01.09.19 to 30.06.22 and also terminal benefits namely Gratuity and Encashment of Leave after revising the same based on such re-fixed scale of pay payable to him on the month of his retirement together with 18 percentage interest per annum within a time frame as may be fixed by this Court.
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3. The petitioner was appointed as a Junior Tradesman in the respondent Corporation on 06.02.1986 and after getting promotion to various stages, he was finally holding the post of Senior Grade Tradesman and retired on 30.06.2022.
4. A settlement was entered into between the Union and the Management on 24.08.2022. But, it was made applicable with effect from 01.09.2019. Therefore, the petitioner was also entitled to the benefit under the said settlement, dated 24.08.2022. But his terminal benefits were settled without any reference to the terms of the settlement. Therefore, the petitioner is entitled to not only the difference in benefits but also to the interest thereon.
5. This stand of the petitioner cannot be disputed. I therefore, direct the respondent Corporation to pay arrears of wages and differential benefits in respect of Gratuity and Encashment of Leave as per wage settlement, dated 24.08.2022. This amount shall be paid within a period 3/6
of six (6) months from the date of receipt of a copy of this order. The respondent has to make the difference with interest at the rate of 6% per annum to be computed from the date of the petitioner's retirement till the date of payment.
6. With the above observation, this Writ Petition is disposed of. No costs.
31.07.2024 NCC: Yes/No (3/4) Index : Yes/No Speaking/Non-Speaking order sm 4/6
To:- The Management of Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Rep. By its General Manager, Dindigul.
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R.N.MANJULA, J.
sm (3/4) 31.07.2024 6/6