M.Murugesan vs M/S.The State Express Transport ...
2021 Latest Caselaw 18253 Mad

                                                                           W.P.No.18500 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 06.09.2021

                                                      CORAM

                                   THE HONOURABLE MR.JUSTICE C.SARAVANAN

                                               W.P.No.18500 of 2021
                                                       and
                                              W.M.P.No.19730 of 2021

                                            (Through Video Conferencing)

                     1.M.Murugesan
                     2.K.Paneer Selvam
                     3.M.Selvarajan
                     4.I.Mahendran
                     5.S.Sekar
                     6.D.Durai
                     7.T.Ambika Doss
                     8.T.Paneer Selvam
                     9.K.Krishna Murthy
                     10.M.Manoharan
                     11.B.Naryanan
                     12.B.Udhaya Kumar
                     13.K.Balasubramanian
                     14.A.Arputhasamy
                     15.M.Mummoorthi
                     16.K.Soundararajan                                    ... Petitioners

                                                         Vs

                     M/s.The State Express Transport Corporation,
                     Rep by its Managing Director,
                     No.2, Pallavan Salai, Chennai – 600 002.              ... Respondent


https://www.mhc.tn.gov.in/judis/
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                                                                                       W.P.No.18500 of 2021


                     Prayer : Petition filed under Article 226 of the Constitution of India to
                     issue a Writ of Mandamus, directing the respondent herein to settle 6%
                     interest for the belated settlement of terminal benefits to petitioners
                     herein, by considering the representation of the petitioners herein dated
                     14.08.2021.


                                       For Petitioners        : Mr.D.Soundar Raj

                                       For Respondent         : Mr.K.Kathiresan

                                                         ORDER

This writ petition has been filed for a Mandamus, to direct the

respondent herein to settle 6% interest for the belated settlement of

terminal benefits to petitioners, in terms of the decision of this Court in

W.P.No.15886 of 2020 vide order dated 19.01.2021. However, 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.

https://www.mhc.tn.gov.in/judis/

W.P.No.18500 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.Considering the same, this Writ Petition is disposed by directing

the respondents to pay interest at the rate of 4% per annum to the

petitioner for the belated settlement of terminal benefits etc., within a

period of six months in six equated monthly instalments.

3.This Writ Petition stands disposed of with the above

observations. No costs. Consequently, connected miscellaneous petition

is closed.

06.09.2021

Index: Yes/ No Internet : Yes/No Speaking/Non-speaking Order jas

https://www.mhc.tn.gov.in/judis/

W.P.No.18500 of 2021

C.SARAVANAN,J.

jas

W.P.No.18500 of 2021 and W.M.P.No.19730 of 2021

06.09.2021

https://www.mhc.tn.gov.in/judis/