Madras High Court
P.Komaraswamy vs The Management Of on 5 October, 2021
W.P.No.21501 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.10.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.No.21501 of 2021
(Through Video Conferencing)
P.Komaraswamy ... Petitioner
Vs.
The Management of
Tamil Nadu State Transport Corporation (Kovai) Ltd.,
Erode Region,
Rep. by its Managing Director,
Erode. ... Respondent
Writ Petition filed under Article 226 of Constitution of India, for
issuance of a Writ of Mandamus directing the Respondent to pay interest at
the rate of 18% per annum, for the period of delay from 01.06.2019 to
24.01.2021, in paying the amounts paid towards his terminal benefits namely
EPF Employee's Contribution, Gratuity and Encashment of Earned / Sick
Leaves within a time frame as may be fixed by this Court and without
affecting his right to claim balance amounts towards those benefits.
For Petitioner : Ms.Nandhini for
Mr.V.Ajoy Khose
For Respondents : Mr.A.Sundaravadhanam
Standing Counsel
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Page No. 1 of 5
W.P.No.21501 of 2021
ORDER
This Writ Petition has been filed for a Writ of Mandamus to direct the
Respondent to pay interest at the rate of 18% per annum, for the period of
delay from 01.06.2019 to 24.01.2021, in paying the amounts paid towards his
terminal benefits namely EPF Employee's Contribution, Gratuity and
Encashment of Earned / Sick Leaves within a time frame as may be fixed by
this Court and without affecting his right to claim balance amounts towards
those benefits 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 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
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W.P.No.21501 of 2021
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 the
respondents to consider the representations dated 30.06.2021 of the petitioner
and to pay interest at the rate of 4% per annum for the belated payment of all
legal dues to the petitioner in six equated monthly instalments commencing
from 1st November, 2021. No costs.
05.10.2021
(5/5)
Index : Yes/No
Internet : Yes/No
rrg
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https://www.mhc.tn.gov.in/judis/
W.P.No.21501 of 2021
To
The Managing Director,
The Management of
Tamil Nadu State Transport Corporation (Kovai) Ltd.,
Erode Region,
Erode.
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https://www.mhc.tn.gov.in/judis/
W.P.No.21501 of 2021
C.SARAVANAN, J.
rrg
W.P.No.21501 of 2021
05.10.2021
(5 /5)
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https://www.mhc.tn.gov.in/judis/
