Madras High Court
The General Manager vs J.Ramaraj on 15 February, 2021
W.A.(MD)No.165 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.165 of 2021
and
C.M.P.(MD)No.516 of 2021
1.The General Manager,
Administrative Department,
TNSTC (Madurai) Limited,
Virudhunagar Region,
Virudhunagar.
2.The Assistant Manager,
Administration,
TNSTC (Madurai) Limited,
Virudhunagar Region,
Virudhunagar. : Appellants
Vs.
J.Ramaraj : Respondent
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent as against the
order dated 22.12.2016 made in W.P.(MD)No.13739 of 2016.
For Appellants : Mr.K.Sathiya Singh
For Respondent : Mr.G.Kasinathadurai
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W.A.(MD)No.165 of 2021
JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.)
This appeal has been preferred by the appellants against the order of the
learned Single Judge, who allowed the writ petition by observing as under:
“5. Once there is an Award of reinstatement with continuity of service,
the entire period of service from 1993 to 2016 will have to be taken into
account, except for backwages from the date of dismissal till the date of
award. In that sense, the petitioner has completed more than the required
years of service as per the Tamil Nadu State Transport Corporation
Employees' Pension Fund Rules and therefore, it is the duty cast upon the
employer to remit amount in the P.F.Account of the petitioner and the
petitioner is entitled to pension from the date of attaining superannuation,
i.e., 30.04.2016.
6. Since the management has not paid the wages from the date of Award,
the Management is directed to deposit the employee's contribution to the
Trust together with interest within a period of two months from the date of
receipt of a copy of this order, preferably on or before 28.03.2017 and on
such deposit, the petitioner shall be paid pensionary benefits with effect from
30.04.2016 forthwith. The arrears of pension from 01.05.2016 till 28.02.2017
shall be payable in 10 installments, commencing from 01.03.2017 and the
pension payable from the month of March, 2017, shall be paid on or before
7th of subsequent months.”
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W.A.(MD)No.165 of 2021
2. Though the learned Counsel appearing for the appellants submitted that
the respondent has not made any contribution, the reasoning of the learned Single
Judge is absolutely correct. Once the award of the Labour Court is confirmed with
respect to continuity of service, the consequent would follow. However, the
pension scheme involves contribution from the employee concerned. In the case
on hand, backwages was not ordered. In such view of the matter, the contribution
amount, which is otherwise payable by the writ petitioner, can be deducted by the
appellants and the remaining amount may be deposited, so as to facilitate the
payment of pension.
3. In such view of the matter, paragraph nos.5 & 6 of the order of the
learned Single Judge, as extracted supra, stands modified and clarified to this
extent. As we do not find any wilful attempt on the part of the appellants, the cost
imposed also stands set aside.
4. This writ appeal stands ordered to the extent indicted supra. We make it
clear that the aforesaid exercise will have to be completed by the appellants within
a period of eight weeks from the date of receipt of a copy of this judgment, so as to
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W.A.(MD)No.165 of 2021
M.M.SUNDRESH, J.
AND
S.ANANTHI, J.
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facilitate payment of pension to the respondent. There shall be no order as to costs.
Consequently, connected miscellaneous petition is closed.
Index : Yes / No [M.M.S.,J.] [S.A.I.,J.]
Internet : Yes 15.02.2021
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Note:
Issue order copy by 22.02.2021.
W.A.(MD)No.165 of 2021
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