Madras High Court
S.Sivaraj vs The Management Of on 3 September, 2021
W.P.Nos.18403, 18468, 18471, 18474 & 18476 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.Nos.18403,18468,18471,18474 & 18476 of 2021
(Through Video Conferencing)
1.S.Sivaraj ... Petitioner in WP.No.18403 of 2021
2.O.Mohan ... Petitioner in W.P.No.18468 of
2021
3.M.Velusamy ... Petitioner in W.P.No.18471 of
2021
4.A.Thirugnanam ... Petitioner in W.P.No.18474 of
2021
5.J.Balakrishnan ... Petitioner in W.P.No.18476 of
2021
Vs
The Management of
Tamil Nadu State Transport Corporation (Kovai) Ltd,
Represented by its Managing Director,
Coimbatore. ... Respondent in all W.Ps
Prayer in W.P.No.18403 of 2021: Writ 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
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W.P.Nos.18403, 18468, 18471, 18474 & 18476 of 2021
18% per annum, for the period of delay from 01.03.2020 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.18468 of 2021: Writ 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 01.04.2020 to 01.06.2021,
in paying the amounts paid towards his terminal and pension benefits of
the petitioner namely EPF Employee's Contribution, Gratuity,
Encashment of Earned/Sick Leaves and Commuted Value of Pension,
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.18471 of 2021: Writ 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 24.01.2021,
in paying the amounts paid towards his terminal and pension benefits of
the petitioner namely EPF Employee's Contribution and Gratuity 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.18474 of 2021: Writ Petition filed under Article 226
of the Constitution of India to issue a Writ of Mandamus, directing the
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W.P.Nos.18403, 18468, 18471, 18474 & 18476 of 2021
respondent to pay the petitioner interest to the petitioner at the rate of
18% per annum, for the period of delay from 01.06.2020 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 W.P.No.18476 of 2021: Writ 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
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W.P.Nos.18403, 18468, 18471, 18474 & 18476 of 2021
annum for the belated payment of the petitioners EPF Employee's
Contribution, Gratuity and Encashment of Earned/Sick Leaves and
Commuted Value of Pension, 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.
(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
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W.P.Nos.18403, 18468, 18471, 18474 & 18476 of 2021
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, Encashment of Earned/Sick Leaves and Commuted Value of
Pension etc., within a period of six months in six equated monthly
instalments. These Writ Petitions stand disposed of with the above
observations. No costs.
03.09.2021
Index: Yes/ No
Internet : Yes/No
Speaking/Non-speaking Order
arb
To
The Managing Director,
Tamil Nadu State Transport Corporation (Kovai) Ltd,
Coimbatore.
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W.P.Nos.18403, 18468, 18471, 18474 & 18476 of 2021
C.SARAVANAN,J.
arb
W.P.Nos.18403,18468,18471,18474 & 18476 of 2021
http://www.judis.nic.in
W.P.Nos.18403, 18468, 18471, 18474 & 18476 of 2021
03.09.2021
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