Nelson.V v. The General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR V.Nelson ... Petitioner Vs.

1.The General Manager, The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Nagerocil Region, Kanniyakumari 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 31.07.2022 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 a time stipulated by this Court.

1/4

For Petitioner : Mr.G.M.Xavier For R1 : Mr.K.Ramaiah 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 Transport Corporation who had retired from service on 31.07.2022.

2. After his retirement, the settlement under Section 12 (3) of the Industrial Dispute Act was entered into between the trade union and the management on 24.08.2022, wherein the benefits were granted from 01.09.2019. Seeking the said benefits, the petitioner has sent a representation on 24.06.2023. Since the same has not been considered, this writ petition has been 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 a copy of this order. 2/4

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

20.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

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

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

3/4

R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

20.12.2023 4/4