Krishnadhas.K.K v. The General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR K.K.Krishnadhas ... Petitioner Vs.

1.The General Manager, The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Nagercoil Region, Kanyakumari District.

2.The Administrator, The Tamil Nadu State Transport 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 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 w.e.f. 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 R1 : Mr.D.Jebaraj Standing Counsel For R2 : Mr.S.C.Herold Singh Standing Counsel

ORDER

The present writ petition has been filed by a Special Grade Conductor (Level-4) of the respondent Corporation, who attained superannuation on 31.03.2020.

2. According to the writ petitioner, after his retirement, the trade union and the management have entered into a settlement under Section 12(3) of the Industrial Dispute Act on 24.08.2022 conferring the benefits with effect from 01.09.2019. Seeking the said benefits, the petitioner has sent a representation to the respondent authorities on 24.06.2023. Since there is no response, the present writ petition has been filed.

3. Considering the above said facts, the respondents 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 copy of this order.

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

15.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

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

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

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R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

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