Madras High CourtWP(MD)/30692/2023disposed of

Sukumar .N.P v. The General Manager

2023-12-21Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR N.P.Sukumar ... Petitioner Vs.

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

2.The Administrator, The Tamil Nadu State Transport Corporation Pension 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 I.D Act, 1947 with effect from 01.09.2019, payable to him with 18% rate of interest.

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For Petitioner : Mr.G.M.Xavier For R-1 : Mr.S.Sivabalaji Standing Counsel For R-2 : 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 31.03.2020.

2. According to the learned Counsel appearing for the writ petitioner, after the petitioner's retirement, the Trade Union and the Management have entered into a settlement under Section 12(3) of the Industrial Disputes Act, 1947 on 24.08.2022, granting monetary benefits from 01.09.2019 onwards. The petitioner has sent a representation on 26.09.2023 for conferment of the said benefits. Since there is no response from the respondents, the present writ petition has been filed.

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3. Considering the above said facts, the respondents herein are directed to confer the eligible benefits upon the writ petitioner arising out of 12(3) Settlement, dated 24.08.2022, 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.

21.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The General Manager, The Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Dindigul District.

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

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R.VIJAYAKUMAR, J.

BTR 21.12.2023 4/4