Madras High Court
N.Balasubramanian vs The Management Of Tamil Nadu State on 22 July, 2021
W.P.Nos. 11801 of 2021 and batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.07.2021
CORAM:
THE HONOURABLE Mr. JUSTICE S.S.SUNDAR
W.P. Nos. 11801, 11802, 11803, 11804, 11806, 11807 & 11810 of 2021
W.P. No.11801 of 2021
N.Balasubramanian .. Petitioner
Versus
The Management of Tamil Nadu State
Transport Corporation (Kovai) Ltd.,
Rep.by its Managing Director,
Coimbatore .. Respondent
Writ Petition filed under Article 226 of the Constitution of India, praying
to issue a Writ of Mandamus directing the respondents to pay interest to the
petitioner at the rate of 18% per annum for the period of delay from 01.03.2018
to 02.11.2019, in paying the amounts paid towards petitioner terminal benefits
namely EPF Employee's Contribution, Gratuity and Encashment of Earner/Sick
Leaves within a time frame as may be fixed by this Hon'ble Court.
For Petitioner : Mr. V.Ajoy Khose
( in all W.P's.)
For Respondents : Mr. A.Sundaravadanan
( in all W.P's.) Standing Counsel
COMMON O RD E R
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W.P.Nos. 11801 of 2021 and batch
Since the facts in all these writ petitions are one and same, these petitions
are disposed of by a common order. Mr. A.Sundaravadanan, learned Standing
Counsel, accepts notice on behalf of the respondents. With the consent of all
parties, these writ petitions are taken up for final disposal at the admission
stage itself.
2. These writ petitions are filed for issuance of a writ of mandamus
directing the respondents to pay the petitioner the interest @ 18% per annum
for the belated payment of the petitioners' terminal benefits namely EPF
Employees Contribution, Gratuity and Encashment of Earned / Sick leaves,
within a time stipulated by this Court.
3. There is no dispute with regard to the fact about the belated payment
to the petitioners. Learned counsel appearing for the petitioners submitted that
in similar cases though interest @ 6% was awarded by this Court, recently in a
few judgments of this Court the rate of interest has been reduced from 6% to
4% based on the request of Transport Corporation because of their financial
crisis due to Covid-19 pandemic. Learned counsel appearing for the petitioners
further states that there is no dispute with regard to the factual averments. It is
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W.P.Nos. 11801 of 2021 and batch
well settled that retirement dues must be paid in time.
4. Learned Standing Counsel appearing for the respondents has no
serious objection as to the grant of interest @ 4% and a direction to pay the
interest in six equal monthly instalments.
5. Based on the submissions of the learned counsel appearing for the
petitioners and the learned Standing Counsel appearing for the respondents,
this Court is inclined to pass order in the following lines:
“The respondent is directed to calculate and pay interest @ 4% for the
delay in payment of terminal benefits namely EPF Employees Contribution,
Gratuity and Encashment of Earned / Sick leaves, from the date of due till the
date of actual payment. The respondent shall make the payment in six equal
monthly instalments commencing from 01.09.2021. The respondent shall pay
interest @ 6% if there is further delay beyond three months. It is also open to
the petitioner to approach this Court for modification of this order for higher
interest, in case the amount is not disbursed within a period of one year from
the date of first instalment as per this order.”
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W.P.Nos. 11801 of 2021 and batch
6. With the above directions, these writ petitions are disposed of. No
costs.
22.07.2021
Index:Yes / No
Speaking order / Non speaking order
bkn
To
The Managing Director,
The Management of Tamil Nadu State
Transport Corporation (Kovai) Ltd.,
Coimbatore.
https://www.mhc.tn.gov.in/judis/
W.P.Nos. 11801 of 2021 and batch
S.S.SUNDAR. J.,
bkn
W.P. Nos. 11801, 11802, 11803, 11804, 11806, 11807 & 11810 of 2021
22.07.2021
https://www.mhc.tn.gov.in/judis/
