Madras High Court
R.Rajendran vs The Managing Director on 7 October, 2021
W.P.No.21789 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.10.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.21789 of 2021
(Through Video Conferencing)
R.Rajendran ... Petitioner
Vs
The Managing Director,
Tamil Nadu State Transport Corporation
(Coimbatore) Ltd.,
Mettupalayam Salai,
Coimbatore-641 043. ... Respondent
Prayer : Petition filed under Article 226 of the Constitution of India to issue a
Writ of Mandamus, to direct the Respondent to pay the petitioner interest at
the rate of 6% per annum for the belated payment of his PF, gratuity, earned
leave salary, and also to pay him the sum of Rs.33,490/-, towards difference
in gratuity, a sum of Rs.2150/- towards difference in salary and with 6% per
annum by taking his dearness allowance as Rs.6450/- as per the revision of
the dearness allowance from 12% to 17% with effect from 01.07.2019,
towards difference in gratuity, within a specified time as may be fixed by this
Court, Award costs.
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1
W.P.No.21789 of 2021
For Petitioner : Ms.H.Nandhini
For Respondent : Mr.A.Sundaravadhanam
Standing Counsel
ORDER
This Writ Petition has been filed for a Writ of Mandamus, to direct the
Respondent to pay the petitioner interest at the rate of 6% per annum for the
belated payment of his PF, gratuity, earned leave salary, and also to pay him
the sum of Rs.33,490/-, towards difference in gratuity, a sum of Rs.2150/-
towards difference in salary and with 6% per annum by taking his dearness
allowance as Rs.6450/- as per the revision of the dearness allowance from
12% to 17% with effect from 01.07.2019, 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
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W.P.No.21789 of 2021
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 the
respondents to consider the representation dated 16.08.2021 of the petitioner
and to pay the belated payment of Provident Fund, Gratuity, Earned Leave
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W.P.No.21789 of 2021
Salary and other legal dues to the petitioner in six equated monthly
instalments commencing from 1st December, 2021. No costs.
07.10.2021
(2/4)
Index: Yes/ No
Internet : Yes/No
Speaking/Non-speaking Order
rgm
To
The Managing Director,
Tamil Nadu State Transport Corporation
(Coimbatore) Ltd.,
Mettupalayam Salai,
Coimbatore-641 043.
https://www.mhc.tn.gov.in/judis/
W.P.No.21789 of 2021
C.SARAVANAN,J.
rgm
W.P.No.21789 of 2021
07.10.2021
https://www.mhc.tn.gov.in/judis/
