Madras High Court
The Management vs Ms.Sasireka on 8 July, 2021
W.P.No.9651 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.9651 of 2018 and
WMP No.11574 of 2018
The Management,
Tamil Nadu State Transport Corporation
(Coimbatore) Limited,
Chennimalai Road,
Erode-1. ... Petitioner
-vs-
1. Ms.Sasireka
2. Mr.Diwakar
3. Ms.Deepavani
4. The Presiding Officer,
Labour Court, Salem.
5. Tamil Nadu State Transport Corporation
Employees' Pension Fund Trust,
Rep. by its Administrator, Thiruvalluvar House,
Pallavan Salai, Chennai. ... Respondents
(R5 impleaded vide order dated 16.06.2021)
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the
issuance of a Writ of Certiorari to call for the records relating to the order dated 25.09.2017
passed in C.P.No.100 of 2014 on the file of the second respondent and quash the same as
illegal, arbitrary and unconstitutional.
For Petitioner : Mr.A.Sundaravadanam
For Respondents : Mr.K.V.Shanmuganathan (R1 to R3)
Mr.C.S.K.Sathish (R5)
******
1/8
W.P.No.9651 of 2018
ORDER
The petitioner has come forward with this Writ Petition challenging the order dated
25.09.2017 passed in C.P.No.100 of 2014 on the file of the second respondent and quash the
same as illegal, arbitrary and unconstitutional.
2. The facts in nutshell placed before this Court are as follows:
(a) The husband of the first respondent and the father of the second and third
Respondents i.e. Kesavan (Employee) joined as Conductor in the Petitioner Transport
Corporation (hereinafter referred to as 'the Management') on 17.06.1979. Subsequently, the
Employee was dismissed from service vide order dated 04.09.1996, on the charge that on
10.02.1996, when the Employee was on duty as Conductor in the bus Route No.0601 from
Mysore to Erode, on inspection by the Checking Inspectors, it was found that 76 passengers
were in the bus, whereas 74 tickets had been issued to the passengers. It was further found that
one of the passengers was found without a ticket and another one was found with an improper
ticket.
(b) The Management had conducted a domestic enquiry and sufficient opportunities
were given in adherence to the principles of natural justice. But, the Employee had not
produced any document to establish that he was not guilty of the offence. The Enquiry Officer,
after scrutinizing all relevant documents placed before him, submitted a report dated
12.02.1996, holding that the charges levelled against the employee were held proved. The
Management, taking note of the loss caused to it, had accepted the findings of the Enquiry
W.P.No.9651 of 2018
Officer and consequently, dismissed him from service by an order dated 04.09.1996, after
payment of a sum of Rs.3,950/- vide Demand Draft No.218994 dated 31.08.1996 towards one
month salary to him.
(c) The Management filed an Approval Petition before the Industrial Tribunal in
A.P.No.78 of 1996 under Section 33 (2)(b) of the Industrial Disputes Act, 1947 seeking to
approve the dismissal order dated 04.09.1996 against the Employee, which was rejected by the
Tribunal, by an order dated 07.08.2000. Challenging the said order, the Management filed a
Writ Petition before this Court in W.P.No.5188 of 2001.
(d) In the meantime, the Employee filed a Computation Petition in C.P.No.613 of 2000
under Section 33 (c) (2) of I.D.Act before the Labour Court, Salem to compute the money value
of salary and other benefits for the period from 01.09.1996 to 30.11.2000 due to him from the
petitioner herein at Rs.4,16,860/- along with 8% interest. Subsequently, the Employee died on
08.04.2001, and his legal representatives have been brought on record in the said W.P.No.5188
of 2001 by an order dated 19.02.2003. This Court dismissed the said Writ Petition on
10.09.2008. Thereafter, the legal heirs of the deceased Employee were substituted in the
Computation Petition on the file of the Labour Court vide order dated 10.07.2009 made in
I.A.No.16 of 2009 in C.P.No.613 of 2000. Further the Labour Court, Salem passed an order
dated 31.05.2012 in the C.P.No.613 of 2000, directing the Management to pay a sum of
Rs.2,70,845/- to the legal heirs of the deceased Employee within a period of two months, failing
which to pay 9% interest. In compliance of the order dated 31.05.2012, it is resolved in the
W.P.No.9651 of 2018
Board Meeting held on 12.09.2012 to implement the order of Labour Court, Salem in
C.P.No.613 of 2000 and to pay a sum of Rs.2,70,845/- for the period from 01.09.1996 to
30.11.2000 along with 9% interest towards salary and other benefits to the legal heirs in respect
of deceased ex-Employee. In compliance of the above order, a sum of Rs.2,70,845/- was
divided into three and a sum of Rs.90,982/- was paid to each one of the legal heirs along with
the bonus amount of Rs.23,698/- for the year 2000-2001.
(e) Thereafter, on 08.12.2014, the Respondents 1 to 3 had filed another Computation
Petition under Section 33 (c) (2) of the Industrial Disputes Act, seeking to compute the money
value due to the legal heirs of the deceased Employee on various heads mentioned in the
petition from the Management herein at Rs.14,72,401/- along with 18% interest from
08.04.2001.
(f) The Management filed a counter affidavit dated 23.12.2016 by stating that the legal
heirs of the Employee are not entitled for the said benefits. However, the said Computation
Petition was allowed by an order dated 25.09.2017, aggrieved by which, the present Writ
Petition has been filed.
3. Learned counsel for R1 to R3 / Legalheirs of the Employee contended that the Labour
Court, after considering the order of this Court passed in the Writ Petition has allowed the
Computation Petition filed by the legalheirs, with a direction to the Management to pay
Rs.14,72,401/- to them. The Labour Court also considered the delay aspect and directed the
W.P.No.9651 of 2018
Management to pay the said sum along with interest at the rate of 10% in the light of the
judgment of this Court reported in (2009) 3 MLJ I. Since the order of the Labour Court is a well
considered one, it does not warrant any interference by this Court.
4. Heard both sides. Perused the records.
5. It is seen that the Labour Court, while granting relief in the Computation Petition, has
taken note of the fact that the Employee joined the service in the year 1979 and that he was
dismissed from service on 04.09.1996. The Tribunal dismissed the Approval Petition filed by
the Management in A.P.No.78 of 1996 and the Writ Petition was also dismissed subsequent
thereto. The employee filed C.P.No.613 of 2000, claiming monetary benefits which was
computed and directed to be paid together with interest and the same has been paid and the
balance amount from 01.04.2000 to 08.04.2001 needs to be paid, which was calculated by
Labour Court. Since the Labour Court has rightly calculated the benefits under various heads,
this Court finds that there is no perversity in the order passed by the Labour Court and hence
this Court is not inclined to interfere with the same.
6. However, during pendency of the Writ Petition, a sum of Rs.6,00,000/- (Rupees Six
Lakhs Only) has been deposited and the same has been withdrawn and the employee is said to
have availed some loan, which needs to be adjusted on the balance amount and the family
members cannot enrich themselves and contend that the amount due to the Corporation on the
W.P.No.9651 of 2018
loan availed by the Employee need not be adjusted.
7. Hence, this Court is of the view that the loan amount needs to be adjusted and the
balance amount alone has got to be paid. The pension amount of the Employee needs to be
shared among the legal heirs, who are already parties to the Writ Petition. The Tamil Nadu State
Transport Corporation Employees' Pension Fund Trust is already a party to the Writ Petition.
Since the Employee died on 08.04.2001, the 1st respondent alone is entitled to the entire amount
of Family Pension from that date and the respondents 2 and 3 are not entitled to any single
pie on the family pension amount. In this context, it is necessary to extract the relevant
provisions of the Tamil Nadu State Transport Corporation Employees Pension Fund Rules,
1998 as under:
"RULE 20- BENEFITS TO THE FAMILY
Death of a Pensioner
a. In the case of death of a pensioner before he attains the age of 65, the
spouse is eligible for family pension at the rate at which the pensioner was
getting pension at the time of his death or 50% of the last pay drawn at the time
of retirement whichever is less till the period the pensioner would have attained
the age of 65 if he is alive; and after that period, the family pension will be at the
rate of 30% of the pay last drawn by the member at the time of retirement.
b. In the case of children, the other terms and conditions mentioned in
para 20(2)(b)(c) and (d) will be applicable."
8. The pension amount is a property within the meaning of Article 300-A of the
Constitution of India and the wife and children are entitled to equal share in the pension amount
of the deceased. However, married daughter and son above 25 years of age, except certain
W.P.No.9651 of 2018
categories like physically challenged, etc., will not be eligible for family pension.
9. Though the Labour Court was right in awarding interest, taking note of the pandemic
situation and the loss suffered by the Corporation, this Court interferes only with the rate of
interest ordered by the Labour Court. In case if the amount is not settled within a period of one
month from the date of receipt of a copy of this order, the Management shall pay interest @ 4%
from the date of this order. It is true that the Labour Court has got powers to impose costs and
rightly imposed the costs. However, this Court is of the view that the said amount shall be paid
to the following Orphanage, instead of paying to other side:
Helping Hearts Children Home
210, Bala |Dandayudham Street,
KAS Theatre Road, Gandhipuram,
Erode, Tamil Nadu 638002.
10. Accordingly, this Writ Petition is ordered to the extent indicated above. No costs.
Consequently, connected Miscellaneous Petition is closed.
08.07.2021
Index: Yes / No
Speaking order /Non speaking order
arr/ar
To:
The Presiding Officer,
Principal Additional Labour Court,
Vellore.
W.P.No.9651 of 2018
S.VAIDYANATHAN,J.,
arr/ar
W.P.No.9651 of 2018
08.07.2021
