Madras High Court
M.Mohamed Jamaludeen vs Tamil Nadu State Transport on 29 October, 2021
W.P.No.22684 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.No.22684 of 2021
(Through Video Conferencing)
M.Mohamed Jamaludeen ... 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 belated payment of the
petitioner Provident Fund, Gratuity, Earned Leave Salary and also to pay a
sum of Rs.74,151/- towards difference in Gratuity and a sum of Rs.2,320/-
towards difference in salary and with 6% per annum by taking his dearness
allowance as Rs.2,320/- as per the revision of the dearness allowance from
12% to 17% with effect from 01.07.2019, within a specified time.
For Petitioner : Mr.V.Ajoy Khose
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
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W.P.No.22684 of 2021
payment of the petitioner's Provident Fund, Gratuity, Earned Leave Salary
and also to pay a sum of Rs.74,151/- towards difference in Gratuity and a
sum of Rs.2,320/- towards difference in salary and with 6% per annum by
taking his dearness allowance as Rs.2,320/- as per the revision of the
dearness allowance from 12% to 17% with effect from 01.07.2019 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 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
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W.P.No.22684 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 29.07.2021 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. No costs.
29.10.2021
(3/4)
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.22684 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.22684 of 2021
29.10.2021
(3/4)
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