Madras High Court
V.Arivamutham vs The General Manager on 19 June, 2025
W.P.(MD).No.16523 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.(MD)No.16523 of 2025
V.Arivamutham ... Petitioner
-vs-
The General Manager,
Tamilnadu State Transport Corporation (Kumbakonam) Ltd.,
Karur Region,
Karur. ... Respondent
PRAYER: Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus directing the respondent to settle petitioner's
Earned Leave Wages for 135 days payable to the petitioner with 6 percent
interest within the time that may be stipulated by this Court.
For Petitioner : Mr.G.M.Xavier
For Respondent : Mr.K.Ramaiah
ORDER
By consent of both parties, this writ petition is taken up for final
disposal at the stage of admission itself.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 06:29:03 pm )
2. Since the petitioner, who is the retired employee of the Transport
Corporation, claims to have not been paid with the surrender leave salary /
earned leave wages of 135 days, the present writ petition has been filed
seeking for direction in that regard.
3. The petitioner would submit that he has already made a
representation dated 23.03.2024 in this regard, which is said to be pending. If
the said representation is directed to be disposed of within stipulated time, the
ends of justice could be secured.
4. Whenever a representation is made to a statutory authority to
redress the claim of the employee, there is a duty cast upon the respondent to
consider the same on its own merits and pass appropriate orders in one way or
other, instead of keeping the same pending indefinitely. Such an inaction
would amount to dereliction of duties and thereby this Court would be
justified in invoking its extraordinary powers under Article 226 of
Constitution of India and thereby direct such authority to consider the
representation within the stipulated time.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 06:29:03 pm )
5. An identical issue came up for consideration before the Division
Bench of this Court in W.A(MD) No.210 of 2019 and the Hon'ble Division
Bench by judgment dated 04.09.2019 had upheld the view of the learned
Single Judge against which the writ appeal came to be filed and also rejected
the Corporation plea that the employee had not claimed the encashment of the
surrender leave within the stipulated time. The relevant portion of the said
order reads as follows:-
'2. This appeal is filed by the Tamil Nadu State
Transport Corporation, Kumbakonam Division.
The respondent filed W.P(MD).No.2449 of 2018
praying for a Writ of Certiorarified Mandamus to
quash the order dated 21.12.2017 and direct the
appellants to settle the petitioner's surrender leave
salary. The appellant Corporation resisted the
claim by contending that even though as per the
settlement entered into under Section 12(3) of the
Industrial Dispute Act, the employee is entitled for
surrendering and encashing 15 days in one year or
30 days in two years, the same has not been done
by the writ petitioner during his service during
2011-2014 and after superannuation only in the
year 2016, he has made a claim of surrender of
earn leave, based on the circular issued by the
appellant Corporation, dated 09.01.2017. Further,
it is submitted that the circular is not meant for
enabling the retired employees to renew their claim
of surrendering their earned leave of 15 days in a
year during the service i.e., between 2011-2014
and it is applicable only for existing employees.
Therefore, it is submitted that the respondent/writ
petitioner cannot lay his claim based upon the
circular, dated 09.01.2017.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 06:29:03 pm )
3.The learned counsel appearing for the
respondent/writ petitioner submitted that though
the petitioner superannuated on 31.05.2016, from
the year 2011 onwards, the said practice of
surrendering 15 days or 50% of the earn leave per
year was done away by the appellants Corporation
on account of financial crises. Further, the action
based on the settlement entered into under Section
12(3) of the Act was not available to the
respondent/writ petitioner, because the appellants
Transport Corporation is citing financial crisis.
The learned Single Judge took into consideration
the facts placed before him and also noted the
circular dated 09.01.2017 and taking note of the
fact that there is record to show that the appellants
transport corporation pleaded financial crises for
non-settling the surrender leave salary, allowed the
writ petition.
4.While doing so, the Writ Court referred to
an earlier order in the case of A.Sundararajan Vs.,
Tamil Nadu State of Transport Corporation
(Kumbakonam Limited) [W.P(MD).No.24245 of
2016 etc batch], wherein similar relief sought for
has been granted and the writ petitions were
allowed and the appellants Transport Corporation
was directed to implement the same. Thus in our
considered view, the learned Single Judge has
rightly gone into the factual position and took note
of stand of the appellants corporation as to why
earlier they did not permit surrender and allowed
the writ petition. Therefore, we find that the
appellants have not made out any ground to
interfere with the order passed by the learned
Single Judge.'
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 06:29:03 pm )
6. In the light of the above, this Court is of the view that the petitioner
would be entitled to claim salary for the surrendered leave /earned leave.
7. For all the forgoing reasons, this Court directs the respondent herein
to consider the representation submitted by the petitioner dated 23.03.2024
and disburse the eligible surrender leave salary / earned leave wages, through
four equated monthly installments in the light of the aforesaid Division Bench
Judgment. The respondent shall ensure that the first installment is disbursed
at least within a period of four weeks from the date of receipt of copy of this
order.
8. With the above directions, this Writ Petition is disposed of.
No costs.
19.06.2025
NCC : Yes/No
Index : Yes / No
sm
TO:-
The General Manager,
Tamilnadu State Transport Corporation (Kumbakonam) Ltd.,
Karur Region,
Karur.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 06:29:03 pm )
VIVEK KUMAR SINGH, J.
sm
Order made in
Dated:
19.06.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 06:29:03 pm )
