Madras High Court
V.Rajendran vs Tamil Nadu State Transport on 27 October, 2021
W.P.No.22866 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.10.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.No.22866 of 2021
(Through Video Conferencing)
V.Rajendran ... Petitioner
Vs.
Tamil Nadu State Transport
Corporation (Coimbatore) Limited,
Represented by its Managing Director,
Mettupalayam Salai, Coimbatore – 641 003. ... Respondent
Prayer: Writ Petition filed under Article 226 of Constitution of India, for
issuance of a Writ of Mandamus directing the respondent to pay the
petitioner interest at the rate of 6% per annum for the belate payment of his
Provident Fund, Gratuity and Earned Leave Salary and also to pay him the
sum of Rs.3,338/- towards earned leave surrender by the petitioner.
For Petitioner : Ms.H.Nandhini
For Respondent : Mr.A.Sundaravadhanam
Standing Counsel
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 the petitioner's Provident Fund, Gratuity and Earned Leave
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W.P.No.22866 of 2021
Salary and also to pay a sum of Rs.3,338/- towards earned leave surrendered
by the petitioner 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 decision 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
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W.P.No.22866 of 2021
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 31.07.2021 of the petitioner
and to pay interest at the rate of 4% per annum for the belated payment of
Provident Fund, Gratuity, Earned Leave Salary and other legal dues to the
petitioner in six equated monthly instalments commencing from 1st
December, 2021.
5. In case the petitioner is also entitled to Earned Leave surrendered by
the petitioner, the same shall also be paid by the respondent at the rate of 4%
per annum along with the aforesaid amounts. No costs.
27.10.2021
(1/7)
Index : Yes/No
Internet : Yes/No
Speaking/Non-speaking Order
arb
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https://www.mhc.tn.gov.in/judis
W.P.No.22866 of 2021
C.SARAVANAN,J.
arb
To
The Managing Director,
Tamil Nadu State Transport
Corporation (Coimbatore) Limited,
Mettupalayam Salai, Coimbatore – 641 003.
W.P.No.22866 of 2021
27.10.2021
(1/7)
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https://www.mhc.tn.gov.in/judis
