B.Chandra, v. The Managing Director,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2020
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and MP(MD)No.1 of 2014 B.Chandra ... Petitioner -Vs1.The Managing Director, Tamil Nadu State Transport Corporation, Madurai Division, Byepass Road, Madurai-16.
2.The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, Chennai.
... Respondents [R2 is impleaded vide order dated 05.03.2020 in WMP.(MD)No.17328 of 2018] Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order, dated 25.03.2014 passed by the respondent and quash the same and consequently direct the respondent to disburse the retirement and pensionary benefits of the petitioner's husband namely Late.K.Balusamy (driver Staff No.02934) along with the back wages for the period between 21.12.2000 till the date of retirement to the petitioner with simple interest within a stipulated time that may be stipulated by this Court. For Petitioner :
Mr.R.Ponkarthikeyan For Respondents :
Mr.J.Senthilkumaraiah Standing Counsel
ORDER
The relief sought for in the present writ petition is to quash the order, dated 25.03.2014 and direct the respondents to disburse the retirement and pensionary benefits of the husband of the writ petitioner along with the back wages for the period between 21.12.2000 till the date of retirement to the petitioner with simple 1/3
interest.
2.The learned Standing Counsel appearing on behalf of the respondents states that pursuant to the award passed by the Labour Court in I.D.No.68 of 2004, the order of dismissal of the husband of the petitioner was set aside. Thereafter, the terminal and pensionary benefits due to the deceased employee was settled in favour of the petitioner and the details in this regard are narrated in Paragraph Nos.5 and 6 of the counter affidavit, which reads as under:- "5.I humbly submit that aggrieved by the dismissal order, the petitioner's husband raised an Industrial Dispute in I.D.No.68 of 2004 before the Labour Court, Madurai. After a detailed enquiry theHon'ble Labour Court, pleased to set aside the dismissal order and in view of the petitioner's husband already attained the age of superannuation on 31.07.2004 and subsequently, died on 27.10.
2007 itself and hence, the Labour Court directed the Respondent Transport Corporation to disburse the monetary benefits, if any, to the legal heirs of the deceased within three months vide order dated 16.11.2010. In compliance with the Labour Court Order, the respondent Transport Corporation passed an Office Order No.O.Na.Thu/4/849, dated 26.12.2011 settled the following Monetary benefits.
SI.No.
Particulars Amount (Rs.) Cheque No/Date Gratuity 63750/- 905275 & 905276 dated 01.01.2014 IRTT Contribution 2000/- Paid Provident Fund Contribution 18716/- Paid 6.I humbly submit that the petitioner had already filed a similar writ petition in W.P.(MD)No.2487 of 2014 before this Court praying to disburse the monetary benefits of the petitioner's husband along with back wages for the period between 21.12.2000 to till date of retirement with simple interest. The High Court pleased to direct the authority to consider and pass appropriate orders on the representation on merits and in accordance with law within in eight weeks from the date of receipt of copy of this order and the writ petition is disposed of on 17.02.2014 in compliance with the High Court order the respondent Transport Corporation considered the representation 10.03.2014 and passed necessary orders on 25.03.2016." 3.In view of the facts and circumstances, the present writ petition deserves no further consideration and accordingly, the 2/3
same stands dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) sji (MJ)CO AP(28/12/2020) 3P 1C 3/3