Madras High CourtWP(MD)/28991/2023disposed of

M.Chelliah v. The Managing Director

2023-12-08Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR M.Chelliah ... Petitioner Vs.

1.The Managing Director, 27, New Railway Station Road, Kumbakonam-612 001.

2.The General Manager, Pudukkottai Region, Thirumaiyam Salai, Pudukottai District-622 001.

3.The Administrator, Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.

... 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 1/5

disburse the petitioner's difference amount of Salary, Gratuity, Surrender Leave, Pensions Arrears and to revise Pensions on the basis of 12(3) Settlement, dated 04.01.2018 along with 6% interest. For Petitioner : Mr.K.Gokul For R-1 & R-2 : Mr.K.Jagadees Balan Standing Counsel For R-3 : Mr.S.C.Herold Singh Standing Counsel

ORDER

The present writ petition has been filed by a Special Grade Conductor of the respondent Transport Corporation, who attained superannuation on 31.01.2017.

2. According to the learned Counsel appearing for the writ petitioner, after the petitioner's retirement, the Management and the Trade Union have entered into a settlement under Section 12(3) of the Industrial Disputes Act, 1947 on 04.01.2018 conferring monetary benefits with effect from 01.09.2016. The petitioner has sent a representation on 11.03.2020 seeking for conferment 2/5

of the said benefits. Since there is no response, the present writ petition has been filed.

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

4. With the above said direction, this writ petition stands disposed of. There shall be no order as to costs.

08.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Managing Director, 27, New Railway Station Road, Kumbakonam-612 001.

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2.The General Manager, Pudukkottai Region, Thirumaiyam Salai, Pudukottai District-622 001.

3.The Administrator, Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.

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R.VIJAYAKUMAR, J.

BTR 08.12.2023 5/5