Madras High CourtWP(MD)/23637/2024disposed of

D.Arjunan v. The Managing Director

2024-10-03Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.23637 of 2024 D.Arjunan ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation(Kovai) Limited, No.37, Mettupalayam Road, Coimbatore - 641 043.

2.The General Manager, Tamil Nadu State Transport Corporation(Kovai) Limited, Erode Region, Chennimalai Road, Erode - 11.

3.The Administrator, Tamil Nadu State Transport Corporation Employees' Pension Fund 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 to disburse the petitioners the difference amount of terminal benefits namely provident fund, gratuity, dearness allowance, revised scale of pay and other pension arrears on the basis of 12(3) settlement dated 04.01.2018 along with 6% interest and to revise the petitioner's pension, within the time frame fixed by this Court. 1/4

For Petitioner : M/s.Prasanth For Respondents : Mr.S.Raja Standing Counsel for R1 & R2 Mr.S.C.Herold Singh Standing Counsel for R3

ORDER

The instant writ petition has been filed by a Special Grade Driver of the respondents corporation who had superannuated on 31.07.2017, seeking a mandamus to disburse the petitioner's difference amount arising out of 12(3) Settlement dated 04.01.2018, along with 6% interest. 2.According to the petitioner, after his retirement, a settlement was reached under Section 12(3) of Industrial Disputes Act on 04.01.2018, which comes into effect from 01.09.2016. Seeking the said benefit, the petitioner has sent a representation on 06.08.2024. Since there was no response, the present writ petition has been filed.

3.Considering the above said facts, the respondents are directed to confer eligible benefits upon the writ petitioner with 6% interest from the due date till the date of disbursement within a period twelve weeks from the date of receipt of a copy of this order.

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4.With the above said observations, this writ petition is disposed of. No costs.

03.10.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No RJR To 1.The Managing Director, Tamil Nadu State Transport Corporation(Kovai) Limited, No.37, Mettupalayam Road, Coimbatore - 641 043.

2.The General Manager, Tamil Nadu State Transport Corporation(Kovai) Limited, Erode Region, Chennimalai Road, Erode - 11.

3.The Administrator, Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.

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R.VIJAYAKUMAR, J.

RJR W.P(MD)No.23637 of 2024 03.10.2024 4/4