R.Jayraj vs The Management Of Tamil Nadu State ... on 1 November, 2016

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Madras High Court

R.Jayraj vs The Management Of Tamil Nadu State ... on 1 November, 2016

Bench: S.Vimala

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               
DATED: 01.11.2016  

CORAM   

THE HONOURABLE DR.JUSTICE S.VIMALA          

W.P(MD)No.20882 of 2016   

R.Jayraj                                                                                   :
Petitioner
                        
Vs.

1.The Management of Tamil Nadu State Transport Corporation  
      (Kumbakonam) Ltd., rep. by its Managing Director,
   Kumbakonam.  

2.The Administrator,
   Tamil Nadu State Transport Employees Pension Fund Trust, 
   Thiruvalluvar Illam,
   Anna Salai,
   Chennai ? 2.                                                         : Respondents 

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus directing the 1st respondent to pay the
petitioner Rs.6,22,488/- towards Gratuity  and Rs.4,21,344/- towards Leave
Salary together with 18% interest per annum  along with interest amount
towards the delay in paying EPF Employees Contribution amount Rs.2,71,977/-  
for the period from 31.03.16  to 22.09.16 at the rate as per EPF Scheme and
further directing the respondents to pay him Rs.2,49,824/- towards the
pension Commutation together with 18% interest per annum, within a time
frame.

!For Petitioner         : Mr.S.Arunachalam 

For Respondent No.1     : Mr.D.Sivaraman 

                For Respondent No.2     : Mr.A.P.Muthupandian 

:ORDER

You can be young without money but you can?t be old without it.

..Tennessee Williams The petitioner was employed as Helper in the respondent Corporation and he retired from service on 31.03.2016 on reaching the age of superannuation.

2.He has filed this writ petition seeking for a direction to the respondents to pay the retirement benefits.

3.The First Bench of this Court in similar matter has passed an order dated 12.06.2015 in W.A.(MD)Nos.383 to 457 of 2015, issuing direction to the transport Corporations to settle the terminal benefits of its employees in equal monthly installments and to pay 6% interest on the terminal benefits payable to the workman. The Bench has also held that workman is entitled to 18% interest for the defaulted period of installments.

4.In these circumstances, this writ petition is disposed of with the following directions:-

i)A direction is issued to the transport corporation to settle the terminal benefits of the petitioner that are yet to be settled, in twelve equal monthly installments;

ii)The first installment shall commence by making payment on or before the First Week of January, 2017 and the amount in each of the remaining installments shall be paid on or before 10th of every succeeding month;

iii)The said terminal amount shall carry interest @ 6% per annum, as per the Division Bench judgment referred to above. In case of delay in making installments, the interest payable could be 18% for the delayed period;

iv)The aforesaid direction to settle the terminal benefits would not preclude the workman to question the computation of any of the terminal benefits, if the same is paid lesser than the amount to which, he is entitled to receive. Likewise, if the petitioner has any grievance that he is entitled to interest for the amount already settled, he can agitate the same as per law, if he is entitled. No costs.

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