Madras High Court
P.Balan vs The Management Of Tamilnadu State on 3 September, 2021
W.P.Nos.18406, 18408, 18415, 18416 & 18417 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.Nos.18406, 18408, 18415, 18416 & 18417 of 2021
(Through Video Conferencing)
1.P.Balan ... Petitioner
in W.P.No.18406 of
2021
2.N.Arumugam ... Petitioner
in W.P.No.18408 of
2021
3.C.Baladhandapani ... Petitioner
in W.P.No.18415 of
2021
4.D.Vadivel ... Petitioner
in W.P.No.18416 of
2021
5.D.Mahalingam ... Petitioner
in W.P.No.18417 of
2021
Vs
The Management of Tamilnadu State
Transport Corporation (Kovai) Ltd.,
Represented by its Managing Director,
Coimbatore. ... Respondent in all W.Ps
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W.P.Nos.18406, 18408, 18415, 18416 & 18417 of 2021
Prayer in W.P.No.18406 of 2021: Petition filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus, directing the
respondent to pay the petitioner interest to the petitioner 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.
Prayer in W.P.No.18408 of 2021: Petition filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus, directing the
respondent to pay the petitioner interest to the petitioner at the rate of
18% per annum, for the period of delay from 01.06.2019 to 26.01.2021,
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 W.P.No.18415 of 2021: Petition filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus, directing the
respondent to pay the petitioner interest to the petitioner 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 W.P.No.18416 of 2021: Petition filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus, directing the
respondent to pay the petitioner interest to the petitioner 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
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W.P.Nos.18406, 18408, 18415, 18416 & 18417 of 2021
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 W.P.No.18417 of 2021: Petition filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus, directing the
respondent to pay the petitioner interest to the petitioner 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.
For Petitioners : Mr.V.Ajoy Khose
(In all W.Ps)
For Respondent : Mr.A.Sundaravadhanam
(In all W.Ps) Standing Counsel
COMMON ORDER
Though these writ petitions have been filed for a Mandamus, to
direct the respondent to pay the petitioners interest at the rate of 18% per
annum for the belated payment of the petitioners EPF Employee's
Contribution, Gratuity and Encashment of Earned/Sick Leaves, 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
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W.P.Nos.18406, 18408, 18415, 18416 & 18417 of 2021
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.
(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 respondent to pay interest at the rate of 4% per annum to
the petitioners for the belated payment of EPF Employee's Contribution,
Gratuity and Encashment of Earned/Sick Leaves etc., within a period of
six months in six equated monthly instalments. These Writ Petitions
stand disposed of with the above observations. No costs.
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W.P.Nos.18406, 18408, 18415, 18416 & 18417 of 2021
Index: Yes/ No
Internet : Yes/No
Speaking/Non-speaking Order
arb
To
The Managing Director,
Tamilnadu State Transport Corporation (Kovai) Ltd.,
Coimbatore.
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W.P.Nos.18406, 18408, 18415, 18416 & 18417 of 2021
C.SARAVANAN,J.
arb
W.P.Nos.18406, 18408, 18415, 18416 & 18417 of 2021
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W.P.Nos.18406, 18408, 18415, 18416 & 18417 of 2021
03.09.2021
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