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Madras High CourtWP(MD)/8897/2016disposed of

A. Alavanthar v. The Secretary To Governement

2016-04-29Honourable Mrs Justice Pushpa Sathyanarayana4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.04.2016

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)Nos.8897 to 8903 of 2016 WP(MD)No.8897 of 2016 A.Alavanthar

...Petitioner in WP(MD)No.8897/16

A.Krishnasamy

...Petitioner in WP(MD)No.8898/16

K.Subburaj ...petitioner in WP(MD)No.8899/16 A.Kalithasan ...petitioner in WP(MD)No.8900/16 V.ramamoorthy ...petitioner in WP(MD)No.8901/16 R.Govindaraj ...petitioner in WP(MD)No.8902/16 P.Ponnuchamy ...petitioner in WP(MD)No.8903/16 Vs.

1.The Secretary to Government, Transport Department and the Chairman of all State Transport Corporations, Secretariat, Chennai - 600 009. 2.The Managing Director, The Tamil Nadu State Transport Corporation(Madurai) Limited, bye-pass road, Madurai - 625 016.

3.The Administrator, The Tamilnadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

..Respondents in all WP's Prayer in WP(MD)No.8897/2016 :

Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider and pass orders on the petitioner's representation, dated 04.01.2016 which relates to granting 4th and 5th review benefits, pay revision and pension revision, in the light of G.O.Ms.No.61 Transport(C) Department, dated 30.04.2015 and in terms of settlement, dated 22.01.2011 entered into under Section 12(3) of the Industrial Disputes Act.

Prayer in WP(MD). 8898/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the Respondents to consider and pass orders on

the petitioner s representations dated 04.01.2016, which relates to granting of 4th and 5th Review Benefits, Pay revision and Pension revision, in the light of the GO MS No.61 Transport (C) Department dated 30.04.2015 and in terms of Settlement dated 22.01.2011 entered into under Sec 12(3) of the Industrial Disputes Act.

Prayer in WP(MD). 8900/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents to consider and pass orders on the petitioners representation dated 23.01.2016 which relates to granting 4th and 5th Review Benefits and Pay Revision and Pension Revision, in the light of the GO Ms.No.61 Transport (C) Department dated 30.04.2015 and in terms of Settlement dated 22.01.2011 entered into under Sec 12(3) of the Industrial Disputes Act. Prayer in WP(MD). 8901/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents to consider and pass orders on the petitioners representation dated 27.01.2016, which relates to granting 4th Review Benefits and Pay Revision and Pension Revision, in the light of the GO Ms.No.61 Transport (C) Department dated 30.04.2015 and in terms of Settlement dated 22.01.2011 entered into under Sec 12(3) of the Industrial Disputes Act. Prayer in WP(MD). 8902/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents to consider and pass orders on the petitioners representation dated 07.03.2016, which relates to granting 4th and 5th Review Benefits and Pay Revision and Pension Revision, in the light of the GO Ms.No.61 Transport (C) Department dated 30.04.2015 and in terms of Settlement dated 22.01.2011 entered into under Sec 12(3) of the Industrial Disputes Act. Prayer in WP(MD). 8903/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents to consider and pass orders on the petitioners representation dated 30.03.2016 which relates to granting 5th Review Benefits and Pay Revision and Pension Revision, in the light of the GO Ms.No.61 Transport (C) Department dated 30.04.2015 and in terms of Settlement dated 22.01.2011 entered into under Sec 12(3) of the Industrial Disputes Act.

For Petitioner : Mr.G.Venkataraman For R-1 : Mr.TR.Janarthanam, Additional Government Pleader For R-2 & R-3 : Mr.A.P.Muthupandian COMMON ORDER Though the prayer in the Writ Petitions is widely worded, the learned counsel for the petitioners has submitted that the petitioners would be satisfied if their representation, dated 04.01.2016, 04.01.2016, 04.01.2016, 23.01.2016, 27.01.2016, 07.03.2016, 30.03.2016 respectively, is directed to be disposed of by the Managing Director of the respondent-Transport Corporation, in the light of G.O.Ms.No.61, Transport(C) Department, dated 30.04.2015 and the settlement signed under Section 12(3) of the Industrial Disputes Act, dated 22.01.2011, within a stipulated time.

2.Heard the learned counsel on either side.

3.In view of the above submission made by the learned counsel for the petitioner, the second respondent herein is directed to dispose of the representation of the petitioners, dated 04.01.2016, 04.01.2016, 04.01.2016, 23.01.2016, 27.01.2016, 07.03.2016, 30.03.2016 respectively, in the light of G.O.Ms.No.61, Transport (C)Department, dated 30.04.2015 and the settlement signed under Section 12(3) of the Industrial Disputes Act, dated 22.01.2011, within a period of eight weeks from the date of receipt of a copy of this order.

4. The Writ Petitions are disposed of accordingly. No Costs. Sd/ Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Secretary to Government, Transport Department and the Chairman of all State Transport Corporations, Secretariat, Chennai - 600 009. 2.The Managing Director, The Tamil Nadu State Transport Corporation(Madurai) Limited, bye-pass road, Madurai - 625 016.

3.The Administrator, The Tamilnadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

+7cc to Mr.G.Venkataraman, Advocate in SR.Nos.25571 to 25577 +1cc to Special Government Pleader in SR.No.25790 SDR/KMB/SAR I/02.06.2016/4P/12C W.P(MD)Nos.8897 to 8903 of 2016 29.04.2016