V. Krishnankutty v. The General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2024

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.25774 of 2024 V.Krishnankutty ... Petitioner Vs 1.The General Manager, The Tamil Nadu State Transport Corporation Tirunelveli Limited, Ranithottam, Nagercoil - 629 001, Kanyakumari District.

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

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to settle the difference in petitioner's terminal benefits namely gratuity, encashment of leave and all other attendant benefits if any based on the new wage settlement under section 12(3) of ID Act 1947, dated 24.08.2022 with revised pay matrix w.e.f. 01.09.2019 to on the date of the petitioner retirement (for the period from 01.09.2019 to 31.05.2022) payable to the petitioner with 6% rate of interest within the time that may be stipulated by this Court.

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For Petitioner : Mr.N.S.Ramakrishna Dass For Respondents : Mr.K.Ramaiah Standing Counsel

ORDER

The instant writ petition has been filed by a Special Grade Conductor of the respondent transport corporation, who attained superannuation on 31.05.2022, seeking a mandamus for disbursement of the retirement benefits with 6% interest on the basis of settlement arrived at under Section 12(3) of the Industrial Disputes Act.

2.Seeking the said benefits, the petitioner has sent a representation on 15.10.2024. However, since there is no response, the present writ petition has been filed.

3.Considering the above said facts, the respondents herein are directed to confer the eligible benefits upon the writ petitioner with 6% interest from the due date till the date of disbursement within a period of 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 stands disposed of. No costs.

25.10.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To 1.The General Manager, The Tamil Nadu State Transport Corporation Tirunelveli Limited, Ranithottam, Nagercoil - 629 001, Kanyakumari District.

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

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R.VIJAYAKUMAR , J.

RJR W.P.(MD)No.25774 of 2024 25.10.2024 4/4