Madras High Court
Managing Director vs R.Gunasekaran on 24 November, 2025
Author: M.S.Ramesh
Bench: M.S. Ramesh
W.A.Nos.2403, 2404, 2153, 2154 and 2163 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2025
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
and
THE HONOURABLE MR. JUSTICE R.SAKTHIVEL
W.A.Nos.2403, 2404, 2153, 2154 and 2163 of 2025
and C.M.P.Nos.26538, 18352, 16340, 16339, 18358, 16435 of 2025
Managing Director
Tamil Nadu State Transport Corporation (VPM) Ltd.,
3/137, Salamedu, Valuthareddy Post
Villupuram 605 602 ... Appellant
in all W.As.
Vs.
1.R.Gunasekaran, Special Grade Driver ... 1st Respondent
in WA.2403/2025
st
1.G.Soundrarajan, Special Grade Conductor ... 1 Respondent
in WA.2154/2025
1.J.Ravichandran, Special Grade Conductor ... 1st Respondent
in WA.2153/2025
Page 1 of 6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/12/2025 04:15:51 pm )
W.A.Nos.2403, 2404, 2153, 2154 and 2163 of 2025
st
1.M.Venu, Special Grade Driver ... 1 Respondent
in WA.2404/2025
1.G.Jagadeesan ... 1st Respondent
in WA.2163/2025
2.Administrator
Tamil Nadu State Transport
Corporation Pension Fund Trust
Thiruvalluvar House
Pallavan Salai
nd
Chennai ... 2 Respondent
in all W.As
Common Prayer: Writ Appeal filed under Clause 15 of Letters Patent,
praying to set aside the order dated 29.10.2024 in W.P.Nos.23160, 23131,
23271, 23133 and 21305 of 2024.
For Appellant : M/s.S.Pavithra
in all W.A.
For Respondents : Mr.V.S.Jagadeesan - R1
in all W.A.
COMMON JUDGMENT
https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/12/2025 04:15:51 pm )
W.A.Nos.2403, 2404, 2153, 2154 and 2163 of 2025
M.S.RAMESH, J.
and
R.SAKTHIVEL, J.
The payment of the monitory benefits, including the pensionary
benefits to the retired employees, is governed by the settlement arrived
between the Management and the workmen under Section 12(3) of the
th
Industrial Disputes Act, 1947. As per the terms of the 13 wage
settlement dated 04.01.2018, such monitory benefits to the employees,
including the pensioners, would be entitled to the benefits of the pay
revisions with effect from 01.09.2016. However, the payment of the
arrears of such monitory benefits will commence only from 01.09.2017,
which is specifically recorded in clause 45 (b) of the 12(3) settlement.
2.The Labour Court, however, while computing the claim of the
retired employees, had not referred to clause 45, which specifically
restricts the payment of the arrears from 01.09.2017. So also, it was not
https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/12/2025 04:15:51 pm )
W.A.Nos.2403, 2404, 2153, 2154 and 2163 of 2025
brought to the notice of the learned Single Judge with regard to the
entitlement of the employees / respondents herein of their arrears from
01.09.2017 only and not prior to that. When both parties have
specifically arrived at a settlement and it has been recorded under Section
12(3) of the settlement, making any claim contrary to the terms of
settlement would be impermissible.
3.In light of these findings, both the order passed by the Labour
Court in the computation petitions, as well as the order of the learned
Single Judge, are set aside. All the Writ Appeals are allowed. We hereby
clarify that the setting aside of these orders would relate only to the claim
of the arrears of the monitory benefits of the respondents herein.
M.S.RAMESH, J.
and
R.SAKTHIVEL, J.
kas
https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/12/2025 04:15:51 pm )
W.A.Nos.2403, 2404, 2153, 2154 and 2163 of 2025
However, all other monitory benefits, shall be disbursed to the private
respondents herein, together with 6% interest within a period of four (4)
weeks from the date of receipt of a copy of this order. No costs.
Consequently, the connected miscellaneous petitions are closed.
[M.S.R, J.] [R.S.V, J.]
24.11.2025
kas
Index: Yes / No
Neutral Citation
Speaking / Non Speaking
To.
Administrator
Tamil Nadu State Transport
Corporation Pension Fund Trust
Thiruvalluvar House
Pallavan Salai
Chennai
https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/12/2025 04:15:51 pm )
W.A.Nos.2403, 2404, 2153, 2154 and 2163 of 2025
W.A.Nos.2403, 2404, 2153, 2154 and 2163 of 2025
and C.M.P.Nos.26538, 18352, 16340, 16339, 18358, 16435 of 2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/12/2025 04:15:51 pm )
