Madras High Court
N.Ganesan vs Tamil Nadu State Transport ... on 26 October, 2021
W.P.No.22847 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.10.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.No.22847 of 2021
(Through Video Conferencing)
N.Ganesan ... Petitioner
Vs.
Tamil Nadu State Transport Corporation (Coimbatore) Ltd.,
Rep. by its Managing Director,
Mettupalayam Salai,
Coimbatore – 641 043. ... Respondent
Writ Petition filed under Article 226 of Constitution of India, for
issuance of a Writ of Mandamus directing the Respondent to pay 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.65169/- towards earned leave
surrender by him, within a specified time as may be fixed by this Court.
For Petitioner : Mrs.H.Nandhini
For Respondents : Mr.A.Sundaravadhanam
Standing Counsel
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Page No. 1 of 5
W.P.No.22847 of 2021
ORDER
This Writ Petition has been filed for a Writ of Mandamus to direct the
Respondent to pay 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.65,169/- towards earned leave surrender by him, within a specified
time as may be fixed by this Court and without affecting his right to claim
balance amounts towards those benefits 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.
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
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W.P.No.22847 of 2021
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 10.08.2021 of the Petitioner
and to pay interest at the rate of 4% per annum for the belated payment of all
legal dues to the Petitioner in six equated monthly instalments commencing
from 1st December, 2021. No costs.
26.10.2021
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Index : Yes/No
Internet : Yes/No
rrg
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W.P.No.22847 of 2021
To
The Managing Director,
Tamil Nadu State Transport Corporation (Coimbatore) Ltd.,
Mettupalayam Salai,
Coimbatore – 6641 043.
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W.P.No.22847 of 2021
C.SARAVANAN, J.
rrg
W.P.No.22847 of 2021
26.10.2021
(2/3)
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