P. Jothi v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.21615 of 2024 P.Jothi ... Petitioner Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation, (Kumbakonam) Limited, Kumbakonam, Thanjavur District.
2.The General Manager, The Tamil Nadu State Transport Corporation, (Kumbakonam) Limited, Kumbakonam, Thanjavur District.
3.The Administrator, The Tamil Nadu Transport Corporation Employees Pension Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents herein to implement the 14th Wage Settlement (Parvai. C1/23053/2019) signed under section 12(3) of the I.D. Act dated 24.08.2022 and to re-calculate the retirement benefits of the petitioner such as difference amount of gratuity, leave salary, provident fund, 1/5
commuted value of pension, revised pension for the period from 01.09.2019 to 31.05.2022 (date of retirement) pension arrears and other retirement benefits and consequently direct the respondents to pay the petitioner the difference amount of the same along with interest at the rate 6% per annum. For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.K.Jagadees Balan Standing Counsel for R1 & R2 Mr.S.C.Herold Singh Standing Counsel for R3 * * * * *
ORDER
The instant writ petition has been filed by a retired employee of the respondent transport corporation, seeking a mandamus for disbursement of the benefits arising out of the settlement under Section 12(3) of the Industrial Disputes Act dated 24.08.2022.
2.According to the learned Counsel appearing for the writ petitioner, though the settlement was reached on 24.08.2022, it is applicable to all those employees who were in service on 01.09.2019. Seeking the said benefits, the petitioner has sent a representation to the respondents. Since there is no response, the present writ petition has been filed. 2/5
3.Considering the above said facts, the respondents are directed to confer the eligible benefits upon the writ petitioner along with 6% interest from the due date till the date of disbursement within a period of twelve weeks from the date of receipt of a copy of this order.
4.With the above said observations, this writ petition stands disposed of. No costs.
11.09.2024 11/13 NCC : Yes/No Index : Yes / No Internet : Yes / No RJR 3/5
To 1.The Managing Director, Tamil Nadu State Transport Corporation, (Kumbakonam) Limited, Kumbakonam, Thanjavur District.
2.The General Manager, The Tamil Nadu State Transport Corporation, (Kumbakonam) Limited, Kumbakonam, Thanjavur District.
3.The Administrator, The Tamil Nadu Transport Corporation Employees Pension Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.
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R.VIJAYAKUMAR, J.
RJR W.P(MD)No.21615 of 2024 11.09.2024 11/13 5/5