M.Pushpavalli v. The General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR M.Pushpavalli ... Petitioner Vs.

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

2.The Administrator, The Tamil Nadu State Transport Corporation Employee's 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 husband's retirement benefits including gratuity, commutation of pension and arrears of monthly pension from 07.04.2021 i.e. date of petitioner's husband's death till the date of realization of amount as per the settlement, dated 24.08.2022 under Section 12(3) of I.D.Act 1947 w.e.f 01.09.2019 payable to the petitioner with 18% rate of interest within the time that may be stipulated 1/4

by this Court.

For Petitioner : Mr.G.M.Xavier For R1 : Mr.S.Raja Standing Counsel For R2 : Mr.S.C.Herold Singh Standing Counsel

ORDER

The present writ petition has been filed by the wife of a Driver of the respondent Transport Corporation who died on 07.04.2021.

2. After the death of the petitioner's husband, the trade union and the management have entered into a settlement under Section 12(3) of the Industrial Dispute Act on 24.08.2022 confering additional monetary benefits with effect from 01.09.2019. Seeking the said benefits, the petitioner has sent a representation on 26.09.2023. Since there is no response, the present writ petition came to be filed.

3. Considering the above said facts, the respondents are directed to confer the eligible benefits upon the writ petitioner within a period of twelve (12) weeks from the date of receipt of copy of this order. 2/4

4. With the above said observations, this Writ Petition stands disposed of. No costs.

07.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No gbg To 1.The General Manager, The Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Dindigul District.

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

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R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

07.12.2023 4/4