Madras High Court
R.Anusam vs The Management Of on 8 February, 2021
W.P.(MD) No.1392 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.(MD) No.1392 of 2021
R.Anusam ...Petitioner
Vs.
1.The Management of
Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,
Rep. by its Managing Director,
Kumbakonam.
2.The Administrator,
Tamil Nadu State Transport Employees Pension Fund Trust,
Thiruvalluvar Illam,
Anna Salai,
Chennai – 2. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, directing the 1st respondent to
pay the petitioner forthwith his terminal / retirement benefits namely EPF
Employee's Contribution, Gratuity, Encashment of Earned Leaves, Social
Security Scheme Benefits etc., together with 18% interest per annum and
further directing the respondents to pay him forthwith Pension,
commutation, together with 18% interest per annum, within a time frame
as may be fixed by this Court.
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W.P.(MD) No.1392 of 2021
For Petitioner : Mr.R.Anusam (Party-in-person)
For Respondents : Mr.P.Balasubramanian for R1
Standing Counsel
Mr.A.Swaminathan for R2
Standing counsel
ORDER
Heard Mr.R.Anusam, the party/petitioner himself,
Mr.P.Balasubramanian, learned Standing Counsel, appearing for the first
respondent and Mr.A.Swaminathan, learned Standing Counsel, appearing
for the second respondent.
2.The petitioner is aggrieved against the non-settlement of the
retirement benefits. The petitioner has retired from his service on
30.04.2020. The learned Standing counsel appearing for the 1st
respondent would submit that the Transport Corporation is under severe
financial crisis and insofar as the employee's who had retired till
31.12.2019, the Government had already released funds and those
retirement employees have been settled. Likewise, they have sent a
proposal for seeking for allotment of funds for the employees, who had
retired between 01.01.2020 and 30.04.2020 and the said proposal is
pending. According to the learned Standing counsel, the proposal is
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W.P.(MD) No.1392 of 2021
likely to be approved in a couple of months. Hence, the learned Standing
Counsel seeks liberty to settle the petitioner in twelve equal monthly
instalments.
3.The petitioner, who appears in person, relies upon the decision of
the Hon'ble Division Bench of this Court in the case of
K.Muthukamatchi Sekar Vs. The Management of Tamil Nadu State
Transport Corporation (Kumbakonam) Ltd., Karaikudi Region and
another made in W.A.(MD).No.368 fo 2019. The objections of the
respondent in the case before the Hon'ble Division Bench was similar to
that the petitioner herein, wherein, they sought for the settlement of
terminal benefits in twelve equal monthly instalments. However, the
Hon'ble Division Bench is of the view that the Employee's Provident
Fund contribution of the employee could be settled within a period of
four weeks and the other terminal benefits could be settled in twelve
equal monthly instalments. The relevant portion of the order reads as
follows:
“3.Though the learned counsel appearing for the
first respondent expressed some difficulty, the
request of the appellant is fair. Having regard to
the fact that the appellant has retired from service
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W.P.(MD) No.1392 of 2021
on 31.07.2018 and that the terminal benefits has
not been paid so far the Writ Appeal is disposed of
with the following directions:
(i) The Transport Corporation viz., the first
respondent is directed to settle the Employee's
Provident Fund Contribution of the appellant
within four weeks from today;
(ii) A direction is issued to the transport
corporation to settle the terminal benefits of the
petitioner that are yet to be settled, in twelve equal
monthly instalments;
(iii) The first installment shall commence by
making payment on or before 10th of May 2019 and
each of the remaining installments shall be paid on
or before 10th of every succeeding month;
(iv) The said terminal benefit shall carry
interest @ 6% per annum, as per the Division
Bench Judgment referred to above. In case of delay
in making installments, the interest payable could
be 18% for the delayed period;
(v) The aforesaid direction to settle the
terminal benefits would not preclude the workman
to question the computation of any of the terminal
benefits, if the same is paid lesser than the amount
of which, he is entitled to receive. Likewise, if the
petitioner has any grievance that he is entitled to
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W.P.(MD) No.1392 of 2021
interest for the amount already settled, he can
agitate the same as per law, if he is entitled.”
4.Since the petitioner's case is similar to that of the case in
K.Muthukamatchi Sekar (supra), the same directions could be made in
the present case also.
5.Accordingly, the present writ petition is allowed with the
following directions.
(i) The first respondent is directed to settle the Employee's
Provident Fund contribution of the petitioner, within four
weeks from today (i.e.,08.02.2021).
(ii) The other terminal benefits of the petitioner shall be settled
in twelve equal monthly instalments. However, if the proposal
for fund allotment is approved by the Government before the
expiry of the twelve equal monthly instalments, the first
respondent shall endeavour to settle such terminal benefits
forthwith, in any case, within a period of eight weeks from the
date of the approval of the fund allotment.
(iii) The instalments referred to in above shall commence from
1st of March 2021 and the remaining instalments shall be paid
on the first day of every succeeding month.
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W.P.(MD) No.1392 of 2021
(iv) The terminal benefits will carry interest at the rate of 6%
per annum, to be calculated from the date on which the
retirement benefits were due.
No costs.
08.02.2021
Index : Yes / No
Internet : Yes / No
TM
Note: Issue order copy on 10.02.2021.
NOTE: In view of the present lock down owing
to COVID-19 pandemic, a web copy of
the order may be utilized for official
purposes, but, ensuring that the copy of
the order that is presented is the
correct copy, shall be the responsibility
of the advocate/litigant concerned.
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W.P.(MD) No.1392 of 2021
M.S.RAMESH, J.
TM
W.P.(MD) No.1392 of 2021
08.02.2021
http://www.judis.nic.in
