Rajendran.A v. The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.30155 of 2023 A.Rajendran ... Petitioner Vs.
1. The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Represented by its Managing Director, Kumbakonam.
2. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Tiruchi - 620 001.
3. The Chief Financial Advisor, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Corporate Office, Kumbakonam - 612 001.
4. The Administrator, The Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Anna Salai, Chennai - 600 002.
... Respondents 1/5
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to revise the wages of the petitioner with effect from 01.09.2016 based on the 13th wage settlement dated 01.04.2018 and to pay arrears of wages payable from 01.09.2016 to 30.06.2017, difference in Gratuity, difference in Leave Salary and difference in pension along with the interest at the rate of 12% per annum from the date of wage settlement i.e., 01.04.2018 till the date of actual payment.
For Petitioner : Mr.D.Siva Raman For Respondents : Mr.K.Ramaiah Standing Counsel- for R1 to R3 : Mr.S.C.Herold Singh Standing Counsel - for R4
ORDER
The present writ petition has been filed by a Special Grade Conductor of the respondent Transport Corporation, who attained superannuation on 30.06.2017.
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2. According to the learned counsel appearing for 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 04.01.2018, wherein, monetary benefits were conferred with effect from 01.09.2016.
3. Seeking the above said benefits, the petitioner has sent a representation to the respondents on 24.11.2023. Since there is no response, the present writ petition has been filed.
4. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents.
5. Considering the above said facts, the respondents 2 to 4 herein are directed to confer the eligible benefits along with interest at the rate of 6% per annum from the due date till the date of realization 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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6. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs.
19.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To
1. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam.
2. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Tiruchi - 620 001.
3. The Chief Financial Advisor, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Corporate Office, Kumbakonam - 612 001.
4. The Administrator, The Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Anna Salai, Chennai - 600 002.
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R.VIJAYAKUMAR,J.
ebsi W.P(MD)No.30155 of 2023 19.12.2023 5/5