Madras High Court
Pokkuvarathu Kazhaka Oyvu Petra vs The State Of Tamil Nadu on 20 October, 2021
W.P.No.21933 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.10.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.No.21933 of 2021
(Through Video Conferencing)
Pokkuvarathu Kazhaka Oyvu Petra
Aluvalar Nala Sangam, Kovai,
(Regd.No.269/2011)
Represented by its Secretary,
K.S.Shanmuga Velayutham,
B-25, Cheran Colony,
Thudiyalur Post, Coimbatore – 641 034. ... Petitioner
Vs.
1.The State of Tamil Nadu,
Represented by its Chairman of
State Transport Undertakings and
Additional Chief Secretary to Government,
Transport Department, Chennai – 600 009.
2.The Tamil Nadu State Transport Corporation
(Coimbatore) Limited,
Represented by its Managing Director,
No.37, Mettupalayam Road,
Coimbatore – 641 043.
3.The Tamil Nadu State Transport Corporation
Employees Pension Fund Trust,
Represented by its Administrator,
No.2, Pallavan Salai,
Chennai – 600 002. ... Respondents
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Page No. 1 of 4
W.P.No.21933 of 2021
Prayer: Writ Petition filed under Article 226 of Constitution of India, for
issuance of a Writ of Mandamus directing the second and third respondents
herein to settle 6% interest for the belated settlement of Terminal Benefits to
the 19 members out of total 193 members of the petitioner Association herein
as per the list enclosed herewith and in the light of the orders passed by this
Court in the similar case in W.P.No.19806 of 2021 dated 17.09.2021 and in
W.P.No.506 of 2021 dated 24.03.2021.
For Petitioner : Mr.D.Soundar Raj
For Respondents :
For R1 : Mr.L.S.M.Hasan Fizal
Government Advocate
For R2 & R3 : Mr.A.Sundaravadhanam
ORDER
This Writ Petition has been filed for a Writ of Mandamus, to direct the
second and third respondents to settle interest at the rate of 6% per annum for
the belated settlement of the terminal benefits to the 19 members out of total
193 members of the petitioner Association 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.
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W.P.No.21933 of 2021
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
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 25.08.2021 of the petitioner
Association and to settle interest at the rate of 4% per annum for the belated
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W.P.No.21933 of 2021
C.SARAVANAN, J.
arb
settlement of terminal benefits and other legal dues to the above mentioned
members of the petitioner Association in six equated monthly instalments
commencing from 1st December, 2021. No costs.
20.10.2021
(1/2)
Index : Yes/No
Internet : Yes/No
Speaking/Non-speaking Order
arb
To
1.The Chairman of State Transport Undertakings and
Additional Chief Secretary to Government,
Government of Tamil Nadu,
Transport Department, Chennai – 600 009.
2.The Managing Director,
The Tamil Nadu State Transport Corporation
(Coimbatore) Limited,
No.37, Mettupalayam Road, Coimbatore – 641 043.
3.The Administrator,
The Tamil Nadu State Transport Corporation
Employees Pension Fund Trust,
No.2, Pallavan Salai, Chennai – 600 002.
W.P.No.21933 of 2021
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