Madras High Court
M.Thangavelu vs W.P.Nos.18307 on 1 September, 2021
W.P.Nos.18307, 18309, 18311, 18312, 18314, 18315,
18316, 18318, 18320 & 18321 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.Nos.18307, 18309, 18311, 18312, 18314, 18315,
18316, 18318, 18320 & 18321 of 2021
(Through Video Conferencing)
M.Thangavelu ... Petitioner in
W.P.No.18307 of 2021
C.Elango ... Petitioner in
W.P.No.18309 of 2021
A.Venkatachalam ... Petitioner in
W.P.No.18311 of 2021
M.Muthusamy ... Petitioner in
W.P.No.18312 of 2021
N.Santhakumar ... Petitioner in
W.P.No.18314 of 2021
P.Selvaraj ... Petitioner in
W.P.No.18315 of 2021
S.Devarajan ... Petitioner in
W.P.No.18316 of 2021
S.Ravi ... Petitioner in
W.P.No.18318 of 2021
K.Selvaraj ... Petitioner in
W.P.No.18320 of 2021
R.Selvaraj ... Petitioner in
W.P.No.18321 of 2021
Vs
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1/6
W.P.Nos.18307, 18309, 18311, 18312, 18314, 18315,
18316, 18318, 18320 & 18321 of 2021
The Management of
Tamil Nadu State Transport Corporation (Kovai) Ltd.,
Represented by its Managing Director,
Coimbatore. ... Respondent in all WPs.
Prayer in WP.No.18307 of 2021 : Petition filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus, directing the
respondents to pay the petitioner interest at the rate of 18% per annum,
for the period of delay from 01.06.2018 to 20.09.2019, in paying the
amounts paid towards his terminal benefits namely EPF Employee's
Contribution, Gratuity and Encashment of Earned/Sick Leaves, within a
time frame as may be fixed by this Hon'ble Court and without affecting
his right to claim balance amounts towards those benefits.
Prayer in WP.Nos.18309, 18316 & 18320 of 2021 : Petition filed under
Article 226 of the Constitution of India to issue a Writ of Mandamus,
directing the respondents to pay the petitioner interest at the rate of 18%
per annum, for the period of delay from 01.06.2019 to 24.01.2021, in
paying the amounts paid towards his terminal benefits namely EPF
Employee's Contribution, Gratuity and Encashment of Earned/Sick
Leaves, within a time frame as may be fixed by this Hon'ble Court and
without affecting his right to claim balance amounts towards those
benefits.
Prayer in WP.No.18311 of 2021 : Petition filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus, directing the
respondents to pay the petitioner interest at the rate of 18% per annum,
for the period of delay from 01.05.2020 to 01.06.2021, in paying the
amounts paid towards his terminal benefits namely EPF Employee's
Contribution, Gratuity and Encashment of Earned/Sick Leaves, within a
time frame as may be fixed by this Hon'ble Court and without affecting
his right to claim balance amounts towards those benefits.
http://www.judis.nic.in
W.P.Nos.18307, 18309, 18311, 18312, 18314, 18315,
18316, 18318, 18320 & 18321 of 2021
Prayer in WP.Nos.18312 & 18321 of 2021 : Petition filed under Article
226 of the Constitution of India to issue a Writ of Mandamus, directing
the respondents to pay the petitioner interest at the rate of 18% per
annum, for the period of delay from 01.07.2018 to 20.09.2019, in paying
the amounts paid towards his terminal benefits namely EPF Employee's
Contribution, Gratuity and Encashment of Earned/Sick Leaves, within a
time frame as may be fixed by this Hon'ble Court and without affecting
his right to claim balance amounts towards those benefits.
Prayer in WP.No.18314 of 2021 : Petition filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus, directing the
respondents to pay the petitioner interest at the rate of 18% per annum,
for the period of delay from 01.05.2019 to 24.01.2021, in paying the
amounts paid towards his terminal benefits namely EPF Employee's
Contribution, Gratuity and Encashment of Earned/Sick Leaves, within a
time frame as may be fixed by this Hon'ble Court and without affecting
his right to claim balance amounts towards those benefits.
Prayer in WP.No.18315 of 2021 : Petition filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus, directing the
respondents to pay the petitioner interest at the rate of 18% per annum,
for the period of delay from 01.05.2018 to 20.09.2019, in paying the
amounts paid towards his terminal benefits namely EPF Employee's
Contribution, Gratuity and Encashment of Earned/Sick Leaves, within a
time frame as may be fixed by this Hon'ble Court and without affecting
his right to claim balance amounts towards those benefits.
Prayer in WP.No.18318 of 2021 : Petition filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus, directing the
respondents to pay the petitioner interest at the rate of 18% per annum,
for the period of delay from 01.12.2018 to 20.09.2019, in paying the
amounts paid towards his terminal benefits namely EPF Employee's
Contribution, Gratuity and Encashment of Earned/Sick Leaves, within a
time frame as may be fixed by this Hon'ble Court and without affecting
his right to claim balance amounts towards those benefits.
http://www.judis.nic.in
W.P.Nos.18307, 18309, 18311, 18312, 18314, 18315,
18316, 18318, 18320 & 18321 of 2021
For Petitioners : Mr.V.Ajoy Khose
(In all W.Ps)
For Respondents : Mr.A.Sundaravadhanan
(In all W.Ps) Standing Counsel
COMMON ORDER
These writ petitions have been filed for a Mandamus, to direct the
respondents to pay the petitioners interest at the rate of 18% per annum
for the belated payment of the petitioners namely EPF Employee's
Contribution, Gratuity and Earned leave salary in terms of the decision
of this Court in W.P.No.15886 of 2020 vide order dated 19.01.2021. It
is noticed that this view has been subsequently modified in W.P.No.506
of 2021 vide order dated 24.03.2021 considering the constraints of the
State Finance due out break of Covid-19 Pandemic with the following
observations:-
“(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.
http://www.judis.nic.in
W.P.Nos.18307, 18309, 18311, 18312, 18314, 18315,
18316, 18318, 18320 & 18321 of 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.”
2. In view of the same, I am inclined to dispose these writ petitions
by directing the respondents to pay interest at the rate of 4% per annum
to the petitioners for the period of delay from 01.07.2019 to 24.01.2021
of the petitioners EPF Employee's Contribution, Gratuity, Earned leave
salary etc, within a period of six months in six equated monthly
instalments.
3. These Writ Petitions stand disposed of with the above
observations. No costs.
01.09.2021
Index: Yes/ No
Internet : Yes/No
Speaking/Non-speaking Order
drl
To
The Management of
Tamil Nadu State Transport Corporation (Kovai) Ltd.,
Represented by its Managing Director, Coimbatore.
http://www.judis.nic.in
W.P.Nos.18307, 18309, 18311, 18312, 18314, 18315,
18316, 18318, 18320 & 18321 of 2021
C.SARAVANAN,J.
drl
W.P.Nos.18307, 18309, 18311, 18312,
18314, 18315, 18316, 18318,
18320 & 18321 of 2021
01.09.2021
http://www.judis.nic.in
