Madras High CourtWP(MD)/25414/2023disposed of

Nagarajan.R v. The Managing Director

2023-10-19Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.10.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR R.Nagarajan ... 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 State Transport 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 this Court to issue a Writ of Mandamus, directing the respondents to disburse the petitioner's difference amount of salary from September 2019 to 31.05.2022 on the basis of 12(3) Settlement, dated 24.08.2022 along with 6% interest.

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For Petitioner : Mr.K.Gokul For Respondents : Mr.K.Ramaiah Standing Counsel

ORDER

The present writ petition has been filed by a retired Conductor seeking a Mandamus to disburse the difference in salary due to the enhancement of salary under 12(3) settlement, dated 24.08.2022.

2. According to the learned Counsel appearing for the writ petitioner, the petitioner attained superannuation on 31.05.2022. Thereafter, a settlement was reached between the Trade Union and the Management under Section 12(3) of the Industrial Disputes Act on 24.08.2022. As per the said settlement, the benefits would be conferred with effect from 01.09.2019. Therefore, he is entitled to the benefits from September 2019 till his retirement. For claiming the said benefits, the petitioner has sent a representation on 08.09.2023.

3. Considering the above said facts, the second respondent is directed to disburse the difference in the salary amount based upon the 12(3) settlement, 2/4

dated 24.08.2022 to the writ petitioner, within a period of eight (8) weeks from the date of receipt of a copy of this order.

4. With the above said observation, this writ petition stands disposed of. There shall be no order as to costs.

19.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR 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 State Transport Corporation (Kumbakonam) Limited, Karaikudi Region, Managiri Post, Maruthapathi, Karaikudi, Sivagangai District.

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R.VIJAYAKUMAR, J.

BTR 19.10.2023 4/4