Madras High Court
M.Boopathi vs The Management Of on 22 October, 2021
W.P.Nos.22415, 22422 & 22424 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.Nos.22415, 22422 & 22424 of 2021
(Through Video Conferencing)
1.M.Boopathi ... Petitioner
in W.P.No.22415 of 2021
2.T.Balaji ... Petitioner
in W.P.No.22422 of 2021
3.R.Babu ... Petitioner
in W.P.No.22424 of 2021
Vs.
1.The Management of
Tamil Nadu State Transport
Corporation (Villupuram) Limited,
Vazhuthareddy Post,
Salamedu, Villupuram – 605 602.
2.The General Manager,
Tamil Nadu State Transport Corporation
(Villupuram) Limited,
Vellore Region, Vellore – 632 009. ... 1st and 2nd Respondents
in all W.Ps
____________
Page No. 1 of 6
W.P.Nos.22415, 22422 & 22424 of 2021
3.The Administrator,
Tamil Nadu State Transport Corporation
Employees Post Retirement Welfare Fund Scheme,
Thiruvalluvar House, Pallavan Salai,
Chennai – 600 002. ... 3rd respondent
in W.P.No.22415 of 2021
Prayer in W.P.No.22415 of 2021: Writ Petition filed under Article 226 of
Constitution of India, for issuance of a Writ of Mandamus directing the
respondents to pay interest for the belated payment of Gratuity, Commutation
and Leave Liability Amount at the rate of 9% per annum.
Common Prayer in W.P.Nos.22422 & 22424 of 2021: Writ Petition filed
under Article 226 of Constitution of India, for issuance of a Writ of
Mandamus directing the respondents to pay interest for the belated payment
of Gratuity and Leave Liability Amount at the rate of 9% per annum.
For Petitioners : Mr.N.Desinghu
(In all W.Ps)
For Respondents : Mr.A.Saravanakumar
(In all W.Ps)
COMMON ORDER
These Writ Petitions have been filed for a Writ of Mandamus, to direct
the respondents to pay interest at the rate of 9% per annum for the Gratuity,
Commutation and Leave Liability Amount 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.
____________
Page No. 2 of 6
W.P.Nos.22415, 22422 & 22424 of 2021
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
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
____________
Page No. 3 of 6
W.P.Nos.22415, 22422 & 22424 of 2021
(supra), interest payable for the period of delay
shall be at 6% per annum.”
4. Considering the same, these Writ Petitions are disposed by directing
the respondents to consider the representations dated 22.02.2021 and
18.07.2020 of the petitioners and to pay interest at the rate of 4% per annum
for the belated payment of Gratuity, Commutation and Leave Liability
Amount and other legal dues to the petitioners in six equated monthly
instalments commencing from 1st December, 2021. No costs.
22.10.2021
Index : Yes/No
Internet : Yes/No
Speaking/Non-speaking Order
arb
____________
Page No. 4 of 6
W.P.Nos.22415, 22422 & 22424 of 2021
To
1.The Management of
Tamil Nadu State Transport
Corporation (Villupuram) Limited,
Vazhuthareddy Post,
Salamedu, Villupuram – 605 602.
2.The General Manager,
Tamil Nadu State Transport Corporation
(Villupuram) Limited,
Vellore Region, Vellore – 632 009.
3.The Administrator,
Tamil Nadu State Transport Corporation
Employees Post Retirement Welfare Fund Scheme,
Thiruvalluvar House, Pallavan Salai,
Chennai – 600 002.
____________
Page No. 5 of 6
W.P.Nos.22415, 22422 & 22424 of 2021
C.SARAVANAN, J.
arb
W.P.Nos.22415, 22422 & 22424 of 2021
22.10.2021
____________
