Madras High CourtWP(MD)/28728/2023disposed of

R.Murugavel 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.28728 of 2023 R.Murugavel ... Petitioner Vs.

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

2. The Administrator, The Tamil Nadu State Transport 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 interest at the rate of 18% per annum within the time that may be stipulated by this Court.

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For Petitioner : Mr.G.M.Xavier For Respondents : Mr.S.C.Herold Singh Standing Counsel

ORDER

The present writ petition has been filed by a Conductor of the respondent Transport Corporation, who attained superannuation on 31.03.2020.

2. According to the learned counsel appearing for the writ petitioner, though the retirement benefits were disbursed, after his retirement, a Settlement under Section 12(3) of the Industrial Dispute Act, was entered into between the Trade Union and the Management granting enhancement of monetary benefits with effect from 01.09.2019. Therefore, he is eligible for an additional monetary benefits from the Management. The petitioner has sent a representation to the respondents on 26.09.2023 and the respondents have not responded the said representation. Hence, the 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. In view of the above said facts, the respondents herein are directed to consider the said representation of the writ petitioner, dated 26.09.2023 and confer all the eligible benefits to the writ petitioner within a period of twelve (12) weeks from the date of receipt of 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, Tamil Nadu State State Transport Corporation (Madurai) Limited., Dindigul Region, Dindigul District.

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

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R.VIJAYAKUMAR,J.

ebsi W.P(MD)No.28728 of 2023 06.12.2023 4/4