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Madras High CourtWP(MD)/23997/2024disposed of

V.Pandian v. The General Manager

2024-10-14Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.23997 of 2024 V. Pandian ... Petitioner Vs.

1. The General Manager, The Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Dindigul District.

2. The Administrator, The Tamil Nadu State Transport Corporation, Employees Pension Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to settle the petitioner's retirement benefits including gratuity, commutation of pension, arrears of monthly pension from 30.06.2022 till the date of realization of amount as per the settlement dated 24.08.2022 under Section 12(3) of ID Act 1947, w.e.f. 01.09.2019, payable to him with 18% interest within the time that may be stipulated by this Court. 1/5

For Petitioner : Mr.G.M.Xavier For R1 : Mr.K.Ramaiah Standing Counsel For R2 : Mr.S.C.Herold Singh Standing Counsel

O R D E R

The present Writ Petition has been filed by a retired Checking Inspector of the respondent Transport Corporation, seeking a Mandamus directing the respondents to settle the petitioner's retirement benefits including gratuity, commutation of pension, arrears of monthly pension from 30.06.2022 till the date of realization of amount as per the settlement dated 24.08.2022 under Section 12(3) of ID Act 1947, w.e.f. 01.09.2019.

2. According the writ petitioner, he had retired from service on 30.06.2022. After his retirement, the Trade Union and the Management entered into a Settlement under Section 12(3) of the Industrial Dispute Act, on 24.08.2022 and as per the said Settlement, the monetary benefits will be granted with effect from 01.09.2019. Seeking said benefits, the petitioner has sent a representation to the respondents on 25.04.2024. Since there is no response, the present writ petition has been filed. 2/5

3. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents.

4. Considering the above said facts, the respondents herein are directed to disburse the eligible amount to the writ petitioner along with interest at the rate of 6% per annum from the due date till the date of realization. The said exercise shall be completed 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.

14.10.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5

To

1. The General Manager, The Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Dindigul District.

2. The Administrator, The Tamil Nadu State Transport Corporation, Employees Pension Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.

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R.VIJAYAKUMAR,J.

ebsi W.P(MD)No.23997 of 2024 14.10.2024 5/5