R.Aruljothi v. The General Manager
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2023
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI R.Aruljothi ... Petitioner Vs.
1.The General Manager, Tamil Nadu State Transport Corporation (Covai) Limited, Erode Region, Erode.
2.The Branch Manager, Tamil Nadu State Transport Corporation (Covai) Limited, Erode Region, Karur Branch, Thirumanilayur, Karur (Town).
3.The Administrator, Tamil Nadu Transport Corporation Employees Pension Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.
... 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 2 1/6
and 3 herein to implement the 14th Wage Settlement (Parvai. C1/23053 of 2019), signed under Section 12(3) of the I.D. Act, dated 24.08.2022 and to recalculate the retirement benefits of the petitioner such as difference amount of Gratuity, Leave Salary, Provident Fund, Commuted Value of Pension, revised pension for the period from 01.09.2019 to 31.10.2020 (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 of 6% per annum.
For Petitioner : Mr.N.Sudhagar Nagaraj For R-1 & R-2 : Mr.K.Ramaiah Standing Counsel For R-3 : Mr.S.C.Herold Singh Standing Counsel
ORDER
The present writ petition has been filed seeking direction to the respondents 2 and 3 herein to implement the 14th Wage Settlement (Parvai. C1/23053 of 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, Commuted Value of Pension, revised pension for the period from 01.09.2019 to 31.10.2020 (date of retirement) pension arrears and other retirement benefits and consequently 2/6
direct the respondents to pay the petitioner the difference amount of the same along with interest at the rate of 6% per annum.
2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
3. The petitioner retired as Special Grade Conductor in the respondent Corporation. He reached the age of superannuation on 31.10.2020.
4. A settlement was entered into between the Union and the Management on 24.08.2022. But it was made applicable with effect from 01.09.2019. Therefore, the petitioner was also entitled to the benefit under the said settlement, dated 24.08.2022. But his terminal benefits were settled without reference to the terms of the settlement. Therefore, the petitioner is entitled to not only the difference in benefits but also interest thereon.
5. This stand of the petitioner cannot be disputed. I therefore direct the respondent Corporation to pay differential benefits in respect of gratuity and leave salary. This amount shall be paid within a period of six (6) months from 3/6
the date of receipt of a copy of this order. The respondents have to make the differential payment with 6% interest per annum to be computed from the date of the petitioner's retirement till the date of payment.
6. With the above said observation, this writ petition stands disposed of. There shall be no order as to costs.
27.09.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The General Manager, Tamil Nadu State Transport Corporation (Covai) Limited, Erode Region, Erode.
2.The Branch Manager, Tamil Nadu State Transport Corporation (Covai) Limited, Erode Region, Karur Branch, Thirumanilayur, Karur (Town).
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3.The Administrator, Tamil Nadu Transport Corporation Employees Pension Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.
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L.VICTORIA GOWRI, J.
BTR 27.09.2023 6/6