Asokan.K v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN K.Asokan ... Petitioner Vs 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, New Railway Station Road, Kumbakonam - 612 001.

2.The General Manager, Tamil Nadu StateTransport Corporation (Kumbakonam) Limited, Karaikudi Region, Managiri Post, Maruthapathi, Karaikudi, Sivagangai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to disburse the petitioners difference amount of Gratuity and Surrender leave, on the basis of 12 (3) Settlement dated 04.01.2018 along with 6 percent interest. 1/4

For Petitioner : Mr.K.Gokul For Respondents : Mr.K.Jagadees Balan Standing Counsel

ORDER

Heard the learned counsel on either side.

2. The writ petitioner worked as Driver in the respondent Corporation. He reached the age of superannuation and retired on 31.03.2017. Subsequently, settlement was entered into between the Union and the Management on 04.01.2018. But it was made applicable with effect from 01.09.2016. Therefore, the petitioner was also entitled to the benefit under the said settlement dated 04.01.2018. But his terminal benefits were settled without reference to the terms of the settlement. Therefore, the petitioner is entitled to the difference in benefits.

3. 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 months from the date of receipt of a copy of this order.

2/4

4. The Writ Petition is allowed. No costs.

23.11.2022 Index : Yes / No Internet : Yes/ No mga To 1.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, New Railway Station Road, Kumbakonam - 612 001.

2.The General Manager, Tamil Nadu StateTransport Corporation (Kumbakonam) Limited, Karaikudi Region, Managiri Post, Maruthapathi, Karaikudi, Sivagangai District.

3/4

G.R.SWAMINATHAN, J.

mga 23.11.2022 4/4