The General Manager, v. The Presiding Officer,

W.P.(MD)No.11443 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:19.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.11443 of 2017 The General Manager, Tamil Nadu State Transport Corporation (Madurai Division II) Tirunelveli Ltd., No.19, Tiruvanandapuram Road, Vannarapettai Tirunelveli.3.

... Petitioner Vs.

1.The Presiding Officer, The Labour Court, Tirunelveli.

2.The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Pallavan Salai, Tiruvalluvar House, Chennai.

3.S.Arunachalasamy ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to file Execution Petition in that concerned only competent authority to pay pension to the Transport Corporation employees including the 3rd respondent who is the ex-employee of the Transport Corporation, is the Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust and consequently, restraining the 3rd respondent from claiming arrears of pension from the writ petitioner Transport Corporation and to grant such further or other orders.

For Petitioner : Mr.K.Sathiya Singh For R3 : Mr.V.Kannan For R2 : No appearance

O R D E R

This writ petition is filed for a direction to the third respondent to file Execution Petition in that concerned only competent authority to pay pension to the Transport Corporation https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.11443 of 2017 employees including the 3rd respondent who is the ex-employee of the Transport Corporation, is the Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust and consequently, restraining the 3rd respondent from claiming arrears of pension from the writ petitioner Transport Corporation.

2.This Court, prima facie, is of the view that the Transport Corporation filed a Writ Petition against the individual employee. The individual employee is not a State. Hence, the prayer sought for in the writ petition is misconceived. Hence, this Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar (crl side) // True Copy // / /2021 Sub Assistant Registrar(CS) Ns To 1.The Presiding Officer, The Labour Court, Tirunelveli.

2.The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Pallavan Salai, Tiruvalluvar House, Chennai.

+1 CC to Mr.K.SATHIYA SINGH, Advocate ( SR-12620[F]dated 19/03/2021 ) W.P.(MD)No.11443 of 2017 19.03.2021 VB (30.03.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2