Madras High Court
M.Ramalingam vs The Managing Director on 30 September, 2021
W.P.No.20960 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.20960 of 2021
(Through Video Conferencing)
1.M.Ramalingam
2.S.V.Subramanian
3.K.Baskaran
4.G.Mohan
5.I.Saleem Kahn
6.M.Murthi
7.A.Edward Joseph
8.S.Annamalai
9.S.Arumugam
10.K.P.Yuvaraj
11.R.Manoharan
12.A.Christhudass
13.P.Balasaraswathi
14.P.S.Shanmugam
15.M.B.Magesh
16.R.S.Marimuthu ... Petitioners
Vs
1.The Managing Director,
Metropolitan Transport Corporation (Chennai) Limited,
2, Pallavan Illam, Anna Salai,
Chennai – 600 002.
https://www.mhc.tn.gov.in/judis/
1/4
W.P.No.20960 of 2021
2.The Administrator,
Tamil Nadu State Transport Corporation
Employees Pension Fund Trust,
Pallavan Salai, Chennai – 600 002. ... Respondents
Prayer : Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus directing the respondents to pay interest at the
rate of 10% for the belated payment of Provident Fund, Gratuity, Leave
Salary and Commutation of Pension amount to the petitioners.
For Petitioners : Mr.S.T.Varadarajulu
For Respondents : Mr.K.Moorthy
ORDER
This Writ Petition has been filed for a Writ of Mandamus, to direct
the respondents to pay interest at the rate of 10% per annum for the
belated payment of Provident Fund, Gratuity, Leave Salary and
Commutation of Pension amount in terms of the decision of the First
Bench of the Madurai Bench of this Court in W.A.(MD)Nos.383 to 457
of 2015.
2. The First Bench of the Madurai Bench of this Court, in the
above case, has directed the State Transport Corporation to settle the
terminal benefits of its employees in 12 equal monthly installments and
to pay interest at the rate of 6% on the terminal benefits payable to the
https://www.mhc.tn.gov.in/judis/
W.P.No.20960 of 2021
workman. The First Bench of the Madurai Bench of this Court has also
held that workman is entitled to 18% interest for the defaulted period of
installments.
3. It is noticed that though the above observation of the First
Bench of the Madurai Bench of this Court was followed by a learned
Single Judge in W.P.No.15886 of 2020 vide order dated 19.01.2021, the
learned Single Judge has subsequently modified the views in
W.P.No.506 of 2021 vide order dated 24.03.2021 considering the
constraints of the State Finance due to the outbreak of Covid-19 with the
following directions:-
“(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.”
https://www.mhc.tn.gov.in/judis/
W.P.No.20960 of 2021
C.SARAVANAN,J.
arb
4. Considering the same, this Writ Petition is disposed by directing
the respondents to consider the representations of the petitioners and to
pay interest at the rate of 4% per annum for the belated payment of
Provident Fund, Gratuity and other legal dues to the petitioners in six
equated monthly instalments commencing from 1st November, 2021. No
costs.
30.09.2021
Index: Yes/ No
Internet : Yes/No
Speaking/Non-speaking Order
arb
To
1.The Managing Director,
Metropolitan Transport Corporation (Chennai) Limited,
2, Pallavan Illam, Anna Salai,
Chennai – 600 002.
2.The Administrator,
Tamil Nadu State Transport Corporation
Employees Pension Fund Trust,
Pallavan Salai, Chennai – 600 002.
W.P.No.20960 of 2021
https://www.mhc.tn.gov.in/judis/
