Elangovan .V.M v. The Management Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.18726 of 2024 V.M.Elangovan ... Petitioner Vs.
The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Pudukottai Region, Represented by its Managing Director, Pudukottai.
... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to revise / re-fix the scale of pay of the petitioner with effect from 01.09.2019 to till his retirement, based on the wage settlement, dated 24.08.2022 and consequently to pay him difference / arrears of wages for the period from 01.09.2019 to 30.09.2019 and also terminal 1/6
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% interest per annum. For Petitioner : Mr.S.Arunachalam For Respondent : Mr.K.Jagadees Balan, Standing Counsel
ORDER
The present writ petition has been filed seeking a Writ of Mandamus to direct the respondent to revise / re-fix the scale of pay of the petitioner with effect from 01.09.2019 till his retirement, based on the wage settlement, dated 24.08.2022 and consequently to pay him difference / arrears of wages for the period from 01.09.2019 to 30.04.2020 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% interest per annum.
2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 2/6
3. The petitioner retired as "Special Grade Conductor" in the respondent Corporation. He retired from service on 30.09.2019.
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 reference to the terms of the settlement. Therefore, the petitioner is entitled to not only the difference in benefits but also interest thereon.
5. Hence, it is appropriate to direct the respondent Corporation to pay difference in benefit in respect of Gratuity, provident fund and Encashment of Leave as per wage settlement, dated 24.08.2022.
6. Accordingly, this Writ Petition is disposed of and the respondents are directed to pay the arrears of wages and difference in benefit in respect of Gratuity, provident fund and Encashment of Leave 3/6
as per wage settlement, dated 24.08.2022. This amount shall be paid within a period of six (6) months from the date of receipt of a copy of this order. The respondent Corporation has to make the differential payment with 6% interest per annum to be computed from the date of the petitioner's retirement till the date of payment. No costs. 02.08.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 4/6
To The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Pudukottai Region, Represented by its Managing Director, Pudukottai.
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R.N.MANJULA , J.
RM W.P.(MD)No.18726 of 2024 (2/2) Dated:
02.08.2024 6/6