Madras High CourtWP(MD)/28760/2023disposed of

A.Francis Xavier v. The General Manager

2023-12-06Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.28760 of 2023 A.Francis Xavier ... Petitioner Vs.

1. The General Manager, The Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Dindigul District.

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

... 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 settle the petitioner's retirement benefits including gratuity, commutation of pension, arrears of monthly pension from 31.03.2020 till the date of realization of amount as per the settlement, dated 24.08.2022 under Section 12(3) of ID Act, 1947 with effect from 01.09.2019, payable to him with 18% rate of interest within the time that may be stipulated by this Court.

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For Petitioner : Mr.G.M.Xavier For Respondents : Mr.Gladson Michel Rajadurai Standing Counsel - for R1 : Mr.S.C.Herold Singh, Standing Counsel - for R2

ORDER

The present Writ Petition has been filed by a Senior Assistant of the respondent Transport Corporation, who had attained superannuation on 31.10.2019.

2. According to the writ petitioner, after his retirement, the Trade Union and the Management has entered into a Settlement under Section 12

(3) of the Industrial Dispute Act, on 24.08.2022, wherein, the monetary benefits were conferred with effect from 01.09.2019. The petitioner has sent a representation to the respondents on 26.09.2023. Since there is no response, present writ petition has been filed.

3. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents. 2/4

4. Considering the above said facts, the respondents herein are directed to confer the eligible benefits upon the writ petitioner and pass orders within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs.

06.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

1. The General Manager, The Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Dindigul District.

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

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R.VIJAYAKUMAR,J.

ebsi W.P(MD)No.28760 of 2023 06.12.2023 4/4