Madras High Court
S.Gunasekaran vs The Management Of on 30 September, 2021
W.P.Nos.21055 of 2021 etc batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.Nos.21055, 21057, 21061, 21064 & 21068 of 2021
(Through Video Conferencing)
1.S.Gunasekaran ... Petitioner
in W.P.No.21055 of 2021
2.K.Thirumurthy ... Petitioner
in W.P.No.20157 of 2021
3.R.Govindarajan ... Petitioner
in W.P.No.21061 of 2021
4.V.Thirumoorthy ... Petitioner
in W.P.No.21064 of 2021
5.M.Varadarajan ... Petitioner
in W.P.No.21068 of 2021
Vs
The Management of
Tamil Nadu State Transport
Corporation (Kovai) Limited,
Represented by its Managing Director,
Coimbatore. ... Respondent in all W.Ps
Common Prayer in W.P.Nos.21055 & 21061 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 the
terminal benefits of the petitioner namely EPF Employee's Contribution,
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W.P.Nos.21055 of 2021 etc batch
Gratuity and Encashment of Earned/Sick Leaves within a time frame as
may be fixed by this Hon'ble Court and without affecting the petitioner's
right to claim balance amounts towards those benefits.
Prayer in W.P.No.21057 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 01.01.2019 to 21.09.2019,
in paying the amounts paid towards the terminal benefits of the petitioner
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 the petitioner's right to claim balance
amounts towards those benefits.
Prayer in W.P.No.21064 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 01.02.2021 to 01.06.2021,
in paying the amounts paid towards the terminal benefits of the petitioner
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 the petitioner's right to claim balance
amounts towards those benefits.
Prayer in W.P.No.21068 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 24.01.2021,
in paying the amounts paid towards the terminal benefits of the petitioner
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 the petitioner's right to claim balance
amounts towards those benefits.
For Petitioners : Ms.H.Nandhini
(In all W.Ps) for Mr.V.Ajoy Khose
For Respondent : Mr.A.Sundaravadhanan
(In all W.Ps) Standing Counsel
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W.P.Nos.21055 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 18% per annum for the belated
payment of the petitioners EPF Employee's Contribution, Gratuity,
Encashment of Earned/Sick Leaves, in terms of the decision of this Court
in W.P.No.20163 of 2021 vide order dated 17.09.2021. 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
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.”
C.SARAVANAN,J.
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W.P.Nos.21055 of 2021 etc batch
arb
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 EPF Employee's Contribution,
Gratuity, Encashment of Earned/Sick Leaves etc., within a period of six
months in six equated monthly instalments. No costs.
30.09.2021
Index: Yes/ No
Internet : Yes/No
Speaking/Non-speaking Order
arb
To
The Managing Director,
The Management of
Tamil Nadu State Transport
Corporation (Kovai) Limited,
Coimbatore.
W.P.Nos.21055, 21057, 21061,
21064 & 21068 of 2021
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