N.Anbu vs The Management Of
2023 Latest Caselaw 14558 Mad

Madras High Court

N.Anbu vs The Management Of on 22 November, 2023

                                                                          Rev.Applw(MD).No.205 of 2023




                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     Dated : 22.11.2023

                                                          CORAM:

                           THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                              Rev.Applw.(MD)No.205 of 2023


                     N.Anbu                                                ... Petitioner

                                                           Vs.

                     The Management of
                     Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,
                     Trichy Region,
                     Rep. By its General Manager,
                     Trichy.                                       ... Respondent

                     PRAYER : Review Application filed under Order XLVII Rules 1 & 2
                     r/w. Section 114 of CPC, to review the order of this Court dated
                     06.07.2023 in W.P.(MD)No.16292 of 2023 filed by the applicant.
                                  For Petitioner         : Mr.S.Arunachalam
                                  For Respondent         :Mr.K.Jagadeesh Balan, Standing Counsel

                                                        JUDGMENT

This Review Application has been filed to review of the order of

this Court in W.P.(MD)No.16292 of 2023 dated 06.07.2023.

https://www.mhc.tn.gov.in/judis Rev.Applw(MD).No.205 of 2023

2.The petitioner herein has filed a Writ Petition in W.P.(MD)No.

16292 of 2023 seeking a direction to the respondent to pay the

petitioner's interest at the rate of 18% per annum, for the period of delay

from 01.07.2022 to 30.05.2023 in paying the amounts paid towards his

term benefits namely EPF Employee's contribution and Gratuity. This

Court by an order dated 06.07.2023, disposed of the Writ Petition by

directing the respondent Corporation to pay interest at the rate of 6% per

annum for belated settlement of petitioner's terminal benefits. Against

which, the petitioner herein has filed the present Review Application.

3.The learned counsel appearing for the petitioner

Mr.S.Arunachalam submitted that the prayer in the writ petition is

wrongly typed by mentioning only two benefits and by omitting one

benefit, namely Encashment of leave. Unless the aforesaid error is

rectified, the respondent may decline interest for the benefit of the

Encahsment of Leave and thereby, the petitioner will be denied of the

said benefit.

4.In view of the above, this Court is inclined to amend the prayer

https://www.mhc.tn.gov.in/judis Rev.Applw(MD).No.205 of 2023

portions in the Writ Petition alone and the same is read as follows:-

“Prayer:- Writ Petition filed under Article 226 of the

Constitution of India, praying this Court to issue a Writ of

Mandamus, directing the respondent to pay the petitioner's

interest at the rate of 18% per annum, for the period of delay

from 01.07.2022 to 30.05.2023 in paying the amounts paid

towards his terminal benefits namely EPF Employee's

Contribution, Gratuity and Encashment of leave.

The present writ petition has been filed seeking direction to

the respondent to pay the petitioner's interest at the rate of 18%

per annum, for the period of delay from 01.07.2022 to

30.05.2023 in paying the amounts paid towards his terminal

benefits namely EPF Employee's Contribution, Gratuity and

Encashment of leave”

Accordingly, this Review Application is disposed of. The Registry

is directed to carry out the aforesaid amendments in the order copy and

issue fresh amended order copy in accordance with law. There shall be

https://www.mhc.tn.gov.in/judis Rev.Applw(MD).No.205 of 2023

L.VICTORIA GOWRI, J.

Mrn

no order as to costs.

                                                                                22.11.2023
                     NCC      : Yes / No
                     Index    : Yes / No
                     Internet : Yes
                     Mrn

                     To

                     The Management of

Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Rep. By its General Manager, Trichy.

Rev.Applw.(MD)No.205 of 2023

22.11.2023

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