Madras High Court
A. Tamilarasan vs The Tamil Nadu State Transport on 26 July, 2021
W.A(MD)Nos.1419 to 1426 & 1453 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A(MD)Nos.1419 to 1426 and 1453 of 2021
W.A(MD).No.1419 of 2021
A. Tamilarasan ...Appellant/Writ Petitioner
Vs.
1. The Tamil Nadu State Transport
Corporation (Kumbakonam) Ltd.,
Represented by its Managing Director
Kumbakonam
2. The General Manager,
The Tamil Nadu State Transport
Corporation (Kumbakonam) Ltd.,
Pudukottai Region,
Pudukottai. ... Respondents/Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order passed by the learned Judge in W.P.(MD)No.6755 of 2021, dated
25.03.2021, in so far as denying interest for other terminal benefits namely
Terminal Leave Salary and Provident Fund apart from Gratuity on the file of
this Hon'ble Court.
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W.A(MD)Nos.1419 to 1426 & 1453 of 2021
For Petitioner : Mr. A. Rahul (in all W.As)
For Respondents : Mr. P.Balasubramanian
Standing Counsel (in all W.As)
COMMON JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
We have heard Mr.A.Rahul, learned counsel appearing for the
appellant and Mr.P.Balasubramanian, learned Standing Counsel appearing for
the respondents.
2. These appeals are filed against the order dated 25.03.2021, passed
in W.P(MD).Nos.6722, 6738, 6742, 6749, 6751, 6754, 6755 and 6804 of 2021.
3. Identical issue was considered by us in W.A(MD).Nos.1349 and
1350 of 2021, dated 12.07.2021. We have allowed the appeal filed by the
workman in part by assigning the following reasons:
"The appellants who are the retired workmen of the
respondent Corporation are not aggrieved by the entirety of the
impugned order, but only insofar as it has declined the payment of
interest on the belated payment of Provident Fund and Earned
Leave Salary. Undisputed facts are that the appellant V.Rajendran
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W.A(MD)Nos.1419 to 1426 & 1453 of 2021
retired during June 2019 and the appellant S.Gnanasekaran retired
in April 2019 and their retirement benefits were settled only on
30.01.2021. So far as the gratuity is concerned, since it is a reward
for the past services and not a bounty, statutorily the respondent
Corporation is bound to pay interest. Therefore, the learned Single
Bench rightly directed for payment of interest at 6% p.a. on the
belated payment of gratuity.
5.So far as the Provident Fund and Earned Leave Salary
are concerned, the learned Single Bench has denied the same on the
ground of pandemic. This, in our considered view, is untenable
because, the Provident Fund and Earned Leave Salary have also
been held to be retirement benefits and any delay in settling the
same would attract interest payable for the delay. The decision of
the Hon'ble Supreme Court in S.K.Dua Vs. State of Haryana and
another in Civil Appeal No.184 of 2008 dated 09.01.2008, will
come to the aid and assistance of the appellants. Therefore, we are
of the clear view that the delay in payment of Provident Fund and
Earned Leave Salary also to be compensated by payment of interest,
which we fix at 6% p.a. It is submitted before us that insofar as
appellant Rajendran, the retirement benefits were settled 21 months
after he retired and insofar as Gnanasekaran, it was settled after 19
months he retired from service.
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W.A(MD)Nos.1419 to 1426 & 1453 of 2021
6.In the light of the above, these Writ Appeals are
allowed and that portion of the impugned orders declining grant of
interest on belated payment of Provident Fund and Earned Leave
Salary is set aside and the respondent Corporation is directed to
pay interest at the rate of 6% p.a. for the period of delay. This
direction be complied with within a period of six [6] weeks from the
date of receipt of a copy this judgment. However, there shall be no
order as to costs."
4. The case on hand is not different from the case referred supra.
Therefore, applying the above decision, these Writ Appeals are allowed and
the respondent-Corporation is directed to pay interest at the rate of 6% per
annum on the Terminal Leave Salary, Provident Fund and Commuted Value of
Pension from the date of his retirement to till the date on which the benefits are
settled to the appellant at the rate of 6% per annum. This direction be complied
with within a period of six weeks from the date of receipt of a copy of this
judgment. No costs.
[T.S.S., J] [S.A.I., J]
26.07.2021
Index : Yes / No
Internet : Yes / No
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W.A(MD)Nos.1419 to 1426 & 1453 of 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.
To
1. The Tamil Nadu State Transport
Corporation (Kumbakonam) Ltd.,
Represented by its Managing Director
Kumbakonam
2. The General Manager,
The Tamil Nadu State Transport
Corporation (Kumbakonam) Ltd.,
Pudukottai Region,
Pudukottai.
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W.A(MD)Nos.1419 to 1426 & 1453 of 2021
T.S.SIVAGNANAM,J.
and
S.ANANTHI,J.
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W.A(MD)Nos.1419 to 1426 and 1453 of 2021
26.07.2021
https://www.mhc.tn.gov.in/judis/
