Babu. S v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.20814 of 2024 S.Babu ... Petitioner Vs.
1. The State of Tamil Nadu, Represented by its Additional Chief Secretary, Transport Department, Secretariat, Fort St.George, Chennai - 09.
2. The Managing Director, Tamil Nadu State Transport Corporation, Thilikottam, V.M.Chatram, Maharajapuram Post, Tirunelveli - 11.
3. The General Manager, Tamil Nadu State Transport Corporation, Thilikottam - Nagermandalam, Ranithottam, Nagercoil.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to re-fix the basic pay as per the 13th pay settlement in Ref:C1/036966/2017, dated 04.01.2018 and 14th pay settlement in Ref:C1/23053/2019, dated
24.08.2022 passed before the Deputy Commissioner of Labour, Chennai under Section 12(3) of Industrial Disputes Act, 1947 based on the representation made by the petitioner dated 29.05.2024 and consequently direct the respondents to pay the arrears of salary along with the interests to the petitioners.
For Petitioner : Mr.P.Thirumahilmaran For R1 : Mr.S.Shanmugavel Additional Government Pleader For R2 and R3 : D.Jebaraj Standing Counsel.
O R D E R
The instant writ petition has been filed by a Driver working in the respondent Transport Corporation seeking a Mandamus to direct the respondents to re-fix the basic pay as per the 13th wage settlement dated 04.01.2018 and 14th wage settlement dated 24.08.2022, which was entered into under Section 12(3) of Industrial Disputes Act, 1947.
2. Seeking the said benefits, the petitioner has sent a representation to the respondents on 29.05.2024, the postal receipt has also been enclosed in the typed set of papers. Since there is no response, the present writ petition has been filed.
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3. Heard the learned counsel appearing for the petitioner, the learned Additional Government Pleader appearing for the first respondent and the learned Standing Counsel appearing for the respondents 2 and 3.
4. Considering the above said facts, the respondents 2 and 3 herein are directed to consider the representation of the petitioner dated 29.05.2024 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.
5. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs.
02.09.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5
To
1. The Additional Chief Secretary, Transport Department, Secretariat, Fort St.George, Chennai - 09.
2. The Managing Director, Tamil Nadu State Transport Corporation, Thilikottam, V.M.Chatram, Maharajapuram Post, Tirunelveli - 11.
3. The General Manager, Tamil Nadu State Transport Corporation, Thilikottam - Nagermandalam, Ranithottam, Nagercoil.
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R.VIJAYAKUMAR,J.
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