Madras High Court
S.Manivannan vs The Management Of on 7 October, 2021
W.P.No.21760 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.10.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.21760 of 2021
(Through Video Conferencing)
S.Manivannan ... Petitioner
Vs
The Management of
Tamil Nadu State Transport Corporation (Chennai) Ltd.,
Rep. by its General Manager,
Pallavan House,
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 pay interest to the petitioner
for the delayed payment from 01.11.2018 to 30.08.2019, in payment of the
amount paid towards the petitioner terminal benefits namely EPF Employee's
Contribution, Commutation, and gratuity based on the representation given
by the petitioner dated 10.03.2021.
For Petitioner : Mr.E.Martin Jayakumar
For Respondent : Mr.K.Moorthy
Standing Counsel
https://www.mhc.tn.gov.in/judis/
1
W.P.No.21760 of 2021
ORDER
This Writ Petition has been filed for a Writ of Mandamus, to direct the
respondent to pay interest to the petitioner for the delayed payment from
01.11.2018 to 30.08.2019, in payment of the amount paid towards the
petitioner terminal benefits namely EPF Employee's Contribution,
Commutation, and gratuity based on the representation given by the
petitioner dated 10.03.2021 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.
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W.P.No.21760 of 2021
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
respondent to consider the representation dated 10.03.2021 of the petitioner
and to pay the petitioner terminal benefits namely EPF Employees
Contribution, Commutation, and gratuity and other legal dues to the
https://www.mhc.tn.gov.in/judis/
W.P.No.21760 of 2021
petitioner in six equated monthly instalments commencing from 1st
December, 2021. No costs.
07.10.2021
(2/2)
Index: Yes/ No
Internet : Yes/No
Speaking/Non-speaking Order
rgm
To
The General Manager,
The Management of
Tamil Nadu State Transport Corporation (Chennai) Ltd.,
Pallavan House,
Chennai-600 002.
https://www.mhc.tn.gov.in/judis/
W.P.No.21760 of 2021
C.SARAVANAN, J.
rgm
W.P.No.21760 of 2021
07.10.2021
https://www.mhc.tn.gov.in/judis/
