Malukkaiyan.P v. The Managing Director,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD P.Malukkaiyan : Petitioner Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai Division, Bye Pass Road, Madurai.
2.The General Manager, Tamil Nadu State Transport Corporation Madurai Limited, Dindigul Region, Dindigul District.
3.The Administrator, Tamil Nadu State Transport Corporation Madurai Limited, Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai.
: Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to revise the petitioners pay as per the Settlement U/s. 12 (3) of Industrial Dispute Act dated 13.04.2015 and further directing the Respondents to pay difference amount in the petitioners salary for the period from 01.09.2013 to till his retirement i.e. 31.07.2014 along with pay difference 1/5
in his Retirement Benefits together with interest at the rate of 12 percent and to rectify anomaly in the payment of his monthly pension by taking into consideration of the petitioners qualifying service as 30 years within the time stipulated by this Hon'ble Court.
For Petitioner : Mr.V.R.Shanmuganathan For Respondents : Mr.M.Senthil Ayyanar Government Advocate for R1 to R4
O R D E R
This writ petition is filed seeking a Writ of Mandamus to direct the respondents to revise the petitioner's pay as per the Settlement under Section 12 (3) of the Industrial Dispute Act 1947, dated 13.04.2015 and further directing the respondents to pay the difference amount in the petitioner's salary for the period from 01.09.2013 to till his retirement i.e. 31.07.2014, along with pay difference in his retirement benefits together with interest at the rate of 12 percent and to rectify anomaly in the payment of his monthly pension by taking into consideration of the petitioner's qualifying service as 30 years, within the time stipulated by this Honble Court.
2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents. 2/5
3. The petitioner made the representation dated 18.07.2022 requesting the respondents to settle his difference in pay and other benefits payable to him on the basis of the Settlement under Section 12
(3) of the Industrial Dispute Act 1947, dated 13.04.2015. However, the respondents have not taken any steps till date.
4. The learned Counsel for the petitioner would submit that it would be suffice, if the representation of the petitioner dated 18.07.2022, is disposed of by the respondents within a time frame as stipulated by this Court.
5. Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the respondents to consider the representation of the petitioner dated 18.07.2022, and pass appropriate orders on its own merit and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
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6. The writ petition stands disposed with the above direction. No costs.
21.10.2024 Index : Yes / No Internet : Yes / No PKN To 1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai Division, Bye Pass Road, Madurai.
2.The General Manager, Tamil Nadu State Transport Corporation Madurai Limited, Dindigul Region, Dindigul District.
3.The Administrator, Tamil Nadu State Transport Corporation Madurai Limited, Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai.
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J.SATHYA NARAYANA PRASAD , J.
PKN W.P.(MD) No.22132 of 2022 21.10.2024 5/5