Madras High Court
Mariadoss vs The Managing Director on 5 October, 2021
W.P.No.21351 of 2021 and
W.M.P.No.22597 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.10.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.21351 of 2021
and
W.M.P.No.22597 of 2021
(Through Video Conferencing)
1. Mariadoss
2. Rayappan
3. A.Gopalakrishnan
4. M.Devaraj
5. N.Ganesan
6. N.Padmanaban
7. Mohamed Sultan ...Petitioners
Vs
1. The Managing Director,
The Tamil Nadu State Transport Corporation Ltd,
Coimbatore Division I
No.37, Mettupalayam Road,
Coimbatore.
2. The Administrator,
Tamil Nadu Pension Trust,
Pallavan Salai,
Chennai ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, to direct the 1st Respondent herein to pay
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W.P.No.21351 of 2021 and
W.M.P.No.22597 of 2021
interest for the delayed payments made to the petitioner in respect of
Gratuity, commutation, Provident Fund, Earned leave, and the funds
deducted under State Transport Employees Retirement Benefit Scheme
(STERBS), etc.,
For Petitioner : Mr.A.Anand Raja
For Respondents : Mr.A.Sundaravadhanam
Standing Counsel
ORDER
This Writ Petition has been filed for a Writ of Mandamus, to direct
the 1st Respondent herein to pay interest for the delayed payments made
to the petitioner in respect of Gratuity, commutation, Provident Fund,
Earned leave, and the funds deducted under State Transport Employees
Retirement Benefit Scheme (STERBS), etc., 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.21351 of 2021 and
W.M.P.No.22597 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.”
4. Considering the same, this Writ Petition is disposed by directing
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W.P.No.21351 of 2021 and
W.M.P.No.22597 of 2021
the respondents to consider the representations dated 21.04.2021 and
30.07.2021 of the petitioner and to pay interest at the rate of 4% per
annum for the delayed payments of Gratuity, Commutation, Provident
Fund and other legal dues to the petitioner in six equated monthly
instalments commencing from 1st December, 2021. No costs.
Consequently, connected miscellaneous petition is closed.
05.10.2021
Index: Yes/ No
Internet : Yes/No
Speaking/Non-speaking Order
rgm/jas
To
1. The Managing Director,
The Tamil Nadu State Transport Corporation Ltd,
Coimbatore Division I
No.37, Mettupalayam Road,
Coimbatore.
2. The Administrator,
Tamil Nadu Pension Trust,
Pallavan Salai, Chennai
C.SARAVANAN, J.
https://www.mhc.tn.gov.in/judis/
W.P.No.21351 of 2021 and
W.M.P.No.22597 of 2021
rgm
W.P.No.21351 of 2021
and
W.M.P.No.22597 of 2021
05.10.2021
https://www.mhc.tn.gov.in/judis/
