Madras High Court
G.Palanisamy vs Tamil Nadu State Transport on 28 October, 2021
W.P.Nos.23130 of 2021 etc batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.10.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.Nos.23130, 23134, 23137, 23139, 23142, 23143 & 23145 of 2021
(Through Video Conferencing)
1.G.Palanisamy ... Petitioner
in W.P.No.23130 of 2021
2.P.Ponraj ... Petitioner
in W.P.No.23134 of 2021
3.S.Govindaraj ... Petitioner
in W.P.No.23137 of 2021
4.P.Ravikumar ... Petitioner
in W.P.No.23139 of 2021
5.N.Chinnakutti ... Petitioner
in W.P.No.23142 of 2021
6.A.R.Selvaraj ... Petitioner
in W.P.No.23143 of 2021
7. V.Gopal ... Petitioner
in W.P.No.23145 of 2021
Vs.
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Page No. 1 of 4
W.P.Nos.23130 of 2021 etc batch
Tamil Nadu State Transport
Corporation (Coimbatore) Limited,
Represented by its Managing Director,
Mettupalayam Salai,
Coimbatore – 641 003. ... Respondent in all W.Ps
Common Prayer: Writ Petition filed under Article 226 of Constitution of
India, for issuance of a Writ of Mandamus directing the respondent to pay
the petitioners interest at the rate of 6% per annum for the belated payment of
the Petitioners Provident Fund, Gratuity and Earned Leave Salary within a
specified time.
For Petitioners : Ms.H.Nandhini
(In all W.Ps)
For Respondent : Mr.A.Sundaravadhanam
(In all W.Ps) Standing Counsel
COMMON ORDER
These Writ Petitions have been filed for a Writ of Mandamus, to direct
the respondent to pay the petitioners interest at the rate of 6% per annum for
the belated payment of Provident Fund, Gratuity and Earned Leave Salary 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
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https://www.mhc.tn.gov.in/judis
Page No. 2 of 4
W.P.Nos.23130 of 2021 etc batch
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 respondent to consider the representations of the petitioners and to pay
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Page No. 3 of 4
W.P.Nos.23130 of 2021 etc batch
C.SARAVANAN,J.
arb
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 petitioners in
six equated monthly instalments commencing from 1st December, 2021. No
costs.
28.10.2021
Index: Yes/ No
Internet : Yes/No
Speaking/Non-speaking Order
arb
To
The Managing Director,
Tamil Nadu State Transport Corporation (Coimbatore) Limited,
Mettupalayam Salai,
Coimbatore – 641 003.
W.P.Nos.23130, 23134, 23137, 23139,
23142, 23143 & 23145 of 2021
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https://www.mhc.tn.gov.in/judis
