Madras High Court
The Managing Director vs P.Baluchamy on 7 June, 2021
W.A.(MD)Nos.1073, 1075, 1077 to 1079 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.06.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)Nos.1073, 1075, 1077 to 1079 of 2021
and
CMP(MD).Nos.4789,4791,4793,4794 and 4795 of 2021
1. The Managing Director,
Tamil Nadu State Transport Corporation,
Madurai Region, Corporate Office,
Madurai - 10.
2. The Administrator,
The Tamil Nadu State Transport Corporation,
Pension Fund Trust,
Thiruvalluvar House, Pallavan Salai,
Chennai - 2. ... Appellants/ respondents
in all Writ Appeals
Vs.
P.Baluchamy ... Respondent/Petitioner
in W.A.(MD).No.1073 of 2021
A.Subburaj ... Respondent/Petitioner
in W.A.(MD).No.1075 of 2021
S.Thippu ... Respondent/Petitioner
in W.A.(MD).No.1077 of 2021
D.Moses ... Respondent/Petitioner
in W.A.(MD).No.1078 of 2021
P.Selvaraj ... Respondent/Petitioner
in W.A.(MD).No.1079 of 2021
https://www.mhc.tn.gov.in/judis/
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W.A.(MD)Nos.1073, 1075, 1077 to 1079 of 2021
Common Prayer: Writ Appeals filed under Clause 15 of Letters Patent, against
the order of this Court made in W.P.(MD) No.22079 of 2018, dated 30.10.2018.
For Appellants : Mr.J.Senthil Kumaraiah
in all W.As.
For Respondent : Mr.S.Sarvagan Prabhu
in all W.A.s
COMMON JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
We have heard Mr.J.Senthil Kumaraiah, learned counsel appearing for
the appellants and Mr.S.Sarvagan Prabhu, learned counsel appearing for the
respondents.
2. The short issue which falls for consideration is whether the learned
Writ Court by the impugned order could have directed payment of interest at
6% on the retirement benefits payable to the respondents-employees and also
added default clause directing payment of default interest at 18% and also
further directed to recover the same from the salary of the Managing Director
and the appellant-Corporation would submit that in terms of the judgment of the
Hon'ble Division Bench of this Court in W.A.(MD) No.383 to 457 of 2015,
dated 12.06.2015, the retiral benefits payable to the respondents-workmen have
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W.A.(MD)Nos.1073, 1075, 1077 to 1079 of 2021
been calculated and paid in nine equal installments together with interest at 6%.
Thus it appears that there is no factual mistake which had occurred when the
writ proceedings were being heard.
3. The learned counsel appearing for the respondents-workmen
submitted that the respondents are entitled for interest at 6% from the date of
retirement, because there has been initial delay in disbursement. If that is so, it
is well open to the respondents-workmen to raise a claim before the appellant-
Management and if the claim is found to be correct, any portion of the left out
interest be paid to the respondent-workman. However, if the calculation done by
the appellant-Corporation is proper, no further orders are required.
4. With the above observation, these Writ Appeals are allowed. The
order and direction issued by the learned Single Bench to pay 18% interest and
to recover the same from the salary of the Managing Director and also the
direction to pay 6% interest are all set aside. No costs. Consequently, the
connected miscellaneous petitions are closed.
Index :Yes/No (T.S.S.,J.) (S.A.I.,J.)
Internet :Yes/No 07.06.2021
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T.S.SIVAGNANAM, J.
and
https://www.mhc.tn.gov.in/judis/
W.A.(MD)Nos.1073, 1075, 1077 to 1079 of 2021
S.ANANTHI, J.
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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.
W.A.(MD)Nos.1073, 1075, 1077 to 1079 of 2021
07.06.2021
https://www.mhc.tn.gov.in/judis/
