S.Rajagopal v. The Management Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD) No.23922 of 2019 S.Rajagopal ... Petitioner -VsThe Management of The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Karaikudi Region, Represented by its General Manager, Karaikudi.
... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to pay the petitioner's amount towards the encashment of 66 days of earned leave surrendered by the petitioner in the years from 2011 to 2018 before the petitioner's retirement either based on the petitioner's monthly wages of the respective months of surrender of those earned leaves, together with 18% interest p.a., from the respective due dates or based on the monthly wages payable on the month of the petitioner's retirement, together with 18% interest from the date of the petitioner's retirement, within a time frame as may be fixed by this Court.
For Petitioner : Mr.S.Arunachalam For Respondents : Mr.D.Sivaraman
ORDER
This Writ Petition is filed to direct the respondent to settle the petitioner's Earned Leave Wages for 66 days with reasonable rate of interest, within the time that may be stipulated by this Court.
2.According to the petitioner, he was appointed as Conductor on 01.12.1986 and retired from service on 30.11.2018, as Checking Inspector, on attaining the age of superannuation. The respondent Management and Union entered into settlement under Section 12(3) of the Industrial Disputes Act relating to the service condition of the employees' of respondent Corporation. One of the clauses is that 1/6
the petitioner is entitled to 30 days Earned Leave in a year. The petitioner can surrender 15 days of Earned Leave and accumulate his 15 days Earned Leave in a year. Therefore, the petitioner made representation on 30.09.2019 to the respondent. However, the same has not been considered. Hence, the petitioner has come out with the present Writ Petition.
3.The learned counsel appearing for the petitioner contended that earlier, the issue of payment of Earned Leave salary came up for consideration before this Court and this Court directed the respondent therein to pay the Earned Leave salary. The same was confirmed by the Division Bench of this Court. The leave salary was paid to the said employees. Therefore, the petitioner is entitled to the same benefit as per the settlement entered between the respondent Management and the Union and prayed for allowing the Writ Petition.
4.The learned counsel appearing for the respondent contended that the respondent is not having sufficient funds to run the buses itself and due to financial crunch, the respondent is unable to permit the petitioner to encash the earned leave and prayed for dismissal of the Writ Petition.
5.Heard the learned counsel appearing for the petitioner, the learned counsel appearing for the respondent and perused the materials available on record carefully.
6.From the materials on record, it is seen that as per the settlement entered into between the respondent Management and the Union under Section 12(3) of the Industrial Disputes Act, the petitioner is entitled to 30 days of earned leave in a year. He is entitled to either encash 15 days earned leave every year or accumulate the 30 days leave and subsequently, encash the same. This position is not disputed by the respondent. On number of occasions, when the respondent did not pay the earned leave salary to its employees, they approached this Court by filing Writ Petitions. This Court, considering the issue involved, directed the respondent therein to pay the earned leave salary to its employees. The same was confirmed by the Division Bench of this Court.
In view of the above facts and order of this Court in number of Writ Petitions and Writ Appeals, the petitioner is entitled to the relief as such sought for in the Writ Petition. Earlier, this Court permitted the respondent to pay the leave salary in installments. 7.Considering the submission of the learned counsel appearing for the respondent, the respondent is directed to settle the eligible earned leave salary to the petitioner in twelve (12) equal monthly installments to be paid on or before 10th day of every English Calendar month. The first installment is to be paid on or before 10th day of February, 2020.
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8.In the result, the Writ Petition is allowed. No costs. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) Myr +1 CC to Mr.D.SIVARAMAN, Advocate ( SR-98476[F] dated 15/11/2019 ) W.P.(MD)No.23922 of 2019 13.11.2019 VB(25.11.2019) 3P 2C 3/6