Madras High Court
K.Velusamy vs Tamil Nadu State Transport on 24 September, 2021
W.P.Nos.20468 of 2021 etc batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.Nos.20468, 20471, 20475 to 20479, 20481 to 20483 of 2021
(Through Video Conferencing)
1.K.Velusamy ... Petitioner
in W.P.No.20468 of 2021
2.R.Anbazhagan ... Petitioner
in W.P.No.20471 of 2021
3.M.Balu ... Petitioner
in W.P.No.20475 of 2021
4.P.Balasubramanian ... Petitioner
in W.P.No.20476 of 2021
5.P.Chellamuthu ... Petitioner
in W.P.No.20477 of 2021
6.R.Subramanian ... Petitioner
in W.P.No.20478 of 2021
7.M.Seenivasan ... Petitioner
in W.P.No.20479 of 2021
8.P.Iyamperumal ... Petitioner
in W.P.No.20481 of 2021
9.N.Madeshwaran ... Petitioner
in W.P.No.20482 of 2021
10.V.Nagarajan ... Petitioner
in W.P.No.20483 of 2021
Vs
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W.P.Nos.20468 of 2021 etc batch
Tamil Nadu State Transport
Corporation (Salem) Limited.,
Represented by
The Managing Director,
No.12, Ramakrishna Road,
Salem – 7. ... Respondent in all W.Ps
Common Prayer in W.P.Nos.20468, 20471, 20475 to 20478, 20481 to
20483 of 2021: Petitions filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus directing the respondent to pay the
petitioners interest at the rate of 6% per annum for the belated payment
of their Provident Fund, Gratuity and Earned Leave Salary to pay them
wages towards 30 days of Earned Leaves surrendered by the petitioners,
while they were in service; to settle the amounts payable under the Social
Security Scheme, Family Benefit Fund, IRT Contributions and to refund
of Contributions under the Post Retirement Benefit Scheme, together
with interest at the rate of 6%.
Prayer in W.P.No.20479 of 2021: Petitions filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus directing the
respondent to pay the petitioner interest at the rate of 6% per annum for
the belated payment of his Provident Fund, Gratuity and Earned Leave
Salary to pay him wages towards 45 days of Earned Leaves surrendered
by the petitioner, while he was in service; to settle the amounts payable
under the Social Security Scheme, Family Benefit Fund, IRT
Contributions and to refund of Contributions under the Post Retirement
Benefit Scheme, together with interest at the rate of 6%.
For Petitioners : Ms.H.Nandhini
(In all W.Ps) for Mr.V.Ajoy Khose
For Respondent : Mr.D.Raghu
(In all W.Ps) Standing Counsel
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W.P.Nos.20468 of 2021 etc batch
COMMON ORDER
These writ petitions have been filed for a Mandamus, to direct the
respondent to pay interest at the rate of 6% per annum for the belated
payment of the petitioners Provident Fund, Gratuity and Earned Leave
Salary, to pay wages towards 30 and 45 days of earned leaves
surrendered by the petitioners, while they were in service, to settle the
amounts payable under the Social Security Scheme, Family Benefit Fund,
IRT Contributions and to refund of contributions under the Post
Retirement Benefit Scheme together with interest at the rate of 6% per
annum, 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.
(ii) In case of delay in making instalments within
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W.P.Nos.20468 of 2021 etc batch
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, these Writ Petitions are disposed by
directing the respondent to pay interest at the rate of 4% per annum to the
petitioners for the belated payment of Provident Fund, Gratuity and
Earned Leave Salary etc., within a period of six months in six equated
monthly instalments. No costs.
24.09.2021
Index: Yes/ No
Internet : Yes/No
Speaking/Non-speaking Order
arb
To
The Managing Director,
Tamil Nadu State Transport
Corporation (Salem) Limited.,
No.12, Ramakrishna Road,
Salem – 7.
C.SARAVANAN,J.
https://www.mhc.tn.gov.in/judis/
W.P.Nos.20468 of 2021 etc batch
arb
W.P.Nos.20468, 20471, 20475 to 20479,
20481 to 20483 of 2021
24.09.2021
https://www.mhc.tn.gov.in/judis/
