J.Josephin Jeyarani v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.28299 of 2024 J.Josephin Jeyarani ... Petitioner -vs1.The Managing Director, Tamilnadu State Transport Corporation (MDU) Limited, Bye-pass Road, Madurai-625 016.
2. The General Manager, TamilNadu State Transport Corporation (MDU) Ltd., Collectorate Post, Bye-pass Road, Dindigul-642 004.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to disburse petitioner's husband's monetary benefits, retirement benefits and death benefits along with 6% interest as per the order dated 05.03.2020 in I.D.No. 48 of 2003 on the file of Labour Court, Tiruchirapalli and on the base of the petitioner's representation dated 01.07.2024. 1/4
For Petitioner : Mr.K.Gokul For Respondents : Mr.Ramachandra Pradeep Standing Counsel
O R D E R
The instant writ petition has been filed by the wife of the deceased conductor of the Transport Corporation seeking a mandamus to release the monetary benefits, retirement benefits with 6% interest.
2. When the petitioner's husband was working as a conductor, he was dismissed from service on 16.02.2002. The petitioner's husband has challenged the said dismissal order by filing I.D.No.48 of 2003 on the file of the Labour Court, Tiruchirappalli. The learned Presiding Officer of the Labour Court had party allowed the Industrial Dispute on 05.03.2020, wherein, the dismissal order was modified as stoppage of annual increment for two years with cumulative effect. Since, the petitioner's husband has passed away. Pending industrial dispute, reinstatement order was not passed. The order of the Court had further found that the petitioner would be entitled to continuity of service and all other attendant benefits from the date of order of dismissal till his date of death namely 07.08.2013. The said order has 2/4
been accepted by both the parties. However, so far the respondents management has not disbursed the monetary and terminal benefits to the family of the deceased employee. Hence the present writ petition has been filed.
3. Considering the above said facts, this Court directs the respondents Transport Corporation to release all the monetary benefits and retirement benefits with 6% interest from 05.03.2020, till the date of realization within a period of twelve weeks from the date of receipt of a copy of this order. 4.With the above said observations, this writ petition stands disposed of. No costs.
28.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No gvn 3/4
R.VIJAYAKUMAR,J.
gvn To 1.The Managing Director, Tamilnadu State Transport Corporation (MDU) Limited, Bye-pass Road, Madurai-625 016.
2. The General Manager, TamilNadu State Transport Corporation (MDU) Ltd., Collectorate Post, Bye-pass Road, Dindigul-642 004.
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