Madras High Court
S.Sivakumar vs The Tamil Nadu State Transport ... on 26 October, 2021
W.P.Nos.23021, 23022 & 23023 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.10.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.Nos.23021, 23022 & 23023 of 2021
(Through Video Conferencing)
1.S.Sivakumar ... Petitioner in W.P.No.23021 of 2021
2.P.Mariyappan ... Petitioner in W.P.No.23022 of 2021
3.P.Kandhasamy ... Petitioner in W.P.No.23023 of 2021
Vs
1.The Tamil Nadu State Transport Coporation
(Salem) Ltd,
Rep by its The Managing Director,
No.12, Ramakrishna Road,
Salem – 7.
2.The Tamil Nadu State Transport Corporations
Employee's Pension Fund Trust,
Rep by its Administrator,
Thiruvalluvar Illam, Pallavan Salai,
Chennai – 600 002. ... Respondents in all W.Ps.
Common Prayer : Petition filed under Article 226 of the Constitution of India
to issue a Writ of Mandamus, to direct the respondents to pay the petitioner
interest at the rate of 18% per annum, for the belated payment of his PF,
gratuity, commuted value of pension and earned leave salary, to pay him
wages towards 30 days of earned leaves surrendered by the petitioner, while
he was in service; to settle the amounts payable under the Social Security
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W.P.Nos.23021, 23022 & 23023 of 2021
Scheme, Family Benefit Fund, IRT Contributions and to refund the
contributions under the Post Retirement Benefit Scheme, together with
interest at the rate of 6%.
For Petitioner : Mr.V.Ajoy Khose
(in all W.Ps)
For Respondent : Mr.D.Raghu
(in all W.Ps) Standing Counsel
COMMONORDER
These Writ Petitions have been filed for a Writ of Mandamus, to direct
the respondents to pay the petitioner interest at the rate of 18% per annum,
for the belated payment of his PF, gratuity, commuted value of pension and
earned leave salary, to pay him wages towards 30 days of earned leaves
surrendered by the petitioner, while he was in service; to settle the amounts
payable under the Social Security Scheme, Family Benefit Fund, IRT
Contributions and to refund the contributions under the Post Retirement
Benefit Scheme, together with interest at the rate of 6% 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
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W.P.Nos.23021, 23022 & 23023 of 2021
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
(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 27.08.2021 and
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W.P.Nos.23021, 23022 & 23023 of 2021
05.08.2021 respectively of the petitioner and to pay the terminal and pension
benefits of the petitioner namely PF, gratuity, commuted value of pension and
earned leave salary, to pay him wages towards 30 days of earned leaves
surrendered by the petitioner, while he was in service; to settle the amounts
payable under the Social Security Scheme, Family Benefit Fund, IRT
Contributions and to refund the contributions under the Post Retirement
Benefit Scheme and other legal dues to the petitioner in six equated monthly
instalments commencing from 1st January, 2022. Asfaras payment of Family
Benefit Fund and IRT Contributions is concerned, the respondents shall
consider and pass orders within a period of 6 weeks from the date of receipt
of a copy of this order. No costs.
26.10.2021
Index: Yes/ No
Internet : Yes/No
Speaking/Non-speaking Order
jas
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W.P.Nos.23021, 23022 & 23023 of 2021
To
1.The Managing Director,
Tamil Nadu State Transport Coporation
(Salem) Ltd,
No.12, Ramakrishna Road,
Salem – 7.
2.The Administrator,
Tamil Nadu State Transport Corporations
Employee's Pension Fund Trust,
Thiruvalluvar Illam, Pallavan Salai,
Chennai – 600 002.
https://www.mhc.tn.gov.in/judis
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W.P.Nos.23021, 23022 & 23023 of 2021
C.SARAVANAN,J.
jas
W.P.Nos.23021, 23022 & 23023 of 2021
26.10.2021
https://www.mhc.tn.gov.in/judis
