Madras High Court
V.Santhi vs The Managing Director on 1 October, 2021
W.P.No.21264 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.10.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.21264 of 2021
(Through Video Conferencing)
V.Santhi ...Petitioner
Vs
1. The Managing Director,
Tamil Nadu State Transport Corporation (Salem) Ltd,
Ramakrishna Salai,
Salem – 636 007.
2. The Administrator,
Tamil Nadu State Transport Corporation,
Employees Post Retirement Welfare Fund Scheme,
Thiruvalluvar House, Pallavan Salai,
Chennai – 600 002. ... Respondent
Prayer: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, to direct the Respondent to disburse the
payments relating to interest amount of Provident Fund, Gratuity, Earned
Leave Salary and commutation and other benefits likes, Social Welfare
Scheme amount, ERBS Pension Amount, EL Surrender Arrears and IRT
Share Amount and all other retirement Benefits along with the entitled
difference of dearness allowances also, with interest at 12% per annum
with effect from 01.05.2020.
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W.P.No.21264 of 2021
For Petitioner : Mr.Desinghu
For Respondents : Mr.D.Raghu
Standing Counsel
ORDER
This Writ Petition has been filed for a Writ of Mandamus, to direct
the Respondents to disburse the payments relating to interest amount of
Provident Fund, Gratuity, Earned Leave Salary and commutation and
other benefits likes, Social Welfare Scheme amount, ERBS Pension
Amount, EL Surrender Arrears and IRT Share Amount and all other
retirement Benefits along with the entitled difference of dearness
allowances also, with interest at 12% per annum with effect from
01.05.2020 in terms of the decision of the First Bench of the Madurai
Bench of this Court in W.A.(MD)Nos.383 to 457 of 2015.
2. The First Bench of the Madurai Bench of this Court, in the
above case, has directed the State Transport Corporation to settle the
terminal benefits of its employees in 12 equal monthly installments and
to pay interest at the rate of 6% on the terminal benefits payable to the
workman. The First Bench of the Madurai Bench of this Court has also
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W.P.No.21264 of 2021
held that workman is entitled to 18% interest for the defaulted period of
installments.
3. It is noticed that though the above observation of the First
Bench of the Madurai Bench of this Court was followed by a learned
Single Judge in W.P.No.15886 of 2020 vide order dated 19.01.2021, the
learned Single Judge has subsequently modified the views in
W.P.No.506 of 2021 vide order dated 24.03.2021 considering the
constraints of the State Finance due to the outbreak of Covid-19 with the
following directions:-
“(i) Respondent/Transport Corporation
is directed to pay interest @ 4% per annum to
the Petitioner for the belated payment of
gratuity, leave salary and communication of
pension amount that are yet to be settled, in six
equal monthly instalments, commencing
01.04.2021.
(ii) In case of delay in making
instalments within the time stipulated supra,
with reference to the judgment of the Division
Bench of this Court (supra), interest payable
for the period of delay shall be at 6% per
annum.”
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W.P.No.21264 of 2021
4. Considering the same, this Writ Petition is disposed by directing
the respondents to consider the representation dated 03.09.2021 of the
petitioner and to pay interest at the rate of 4% per annum for the
payment of Provident Fund, Gratuity, Earned Leave Salary and other
legal dues to the petitioner in six equated monthly instalments
commencing from 1st November, 2021. No costs.
01.10.2021
Index: Yes/ No
Internet : Yes/No
Speaking/Non-speaking Order
rgm/jas
To
1. The Managing Director,
Tamil Nadu State Transport Corporation (Salem) Ltd,
Ramakrishna Salai,
Salem – 636 007.
2. The Administrator,
Tamil Nadu State Transport Corporation,
Employees Post Retirement Welfare Fund Scheme,
Thiruvalluvar House, Pallavan Salai,
Chennai – 600 002.
C.SARAVANAN, J.
https://www.mhc.tn.gov.in/judis/
W.P.No.21264 of 2021
rgm
W.P.No.21264 of 2021
01.10.2021
https://www.mhc.tn.gov.in/judis/
