Madras High Court
V.Sathiamoorthy vs The Tamil Nadu State Transport on 2 March, 2016
Author: Pushpa Sathyanarayana
Bench: Pushpa Sathyanarayana
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.03.2016
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
W.P(MD)No.22570 of 2015
V.Sathiamoorthy ... Petitioner
Vs.
1.The Tamil Nadu State Transport,
Corporation (Kumbakonam) Ltd.,
rep. by its Managing Director,
Kumbakonam.
3.The General Manager,
Tamil Nadu State Transport
Corporation (Kumbakonam) Ltd.,
Pudukkottai Region, Pudukkottai.
4.The Administrator,
The Tamil Nadu State Transport Corporation
Pension Fund Trust, Thiruvalluvar House,
Pallavan Salai, Chennai ? 600 002. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, praying for issuance of a Writ of Declaration, declaring the action of
the respondents in computing gratuity payable to the petitioner by taking
into account the Dearness allowance payable on his last drawn pay/wages at
the rate of 72% instead of 80% is illegal and arbitrary and consequently
direct the respondents to take into account the dearness allowance payable on
his last drawn pay/wages at the rate of 80% for the purpose of computing his
gratuity and further directing the respondents to compute and pay him the
difference amount in his gratuity based on dearness allowance at the rate of
80% and further directing the respondents to pay interest at the rate of 18%
per annum for the belated payment of gratuity, leave salary and commuted
value of pension to him together with suitable rate of interest within the
time that may be stipulated by this Court.
!For Petitioner : Mr.A.Rahul
For respondents : Mr.D.Sivaraman
:ORDER
The petitioner was employed as Special Grade Tradesman under the respondents / Transport Corporation and he retired from service on 31.01.2013 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 matters has passed an order dated 12.06.2015 in W.A(MD)Nos.383 to 457 of 2015, issuing direction to the Transport Corporation to settle the terminal benefits of its employees in 12 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, the 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 10.04.2016 and the amount in each of the remaining installments shall be paid on or before 10th day 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.
5.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.
6. The learned counsel for the respondents / Transport Corporation says that against certain employees, there are recoverables from them. So, the above payment may be made subject to recoverables from the employees. The petitioner is also agreeable for the same. No costs.
To
1.The Tamil Nadu State Transport, Corporation (Kumbakonam) Ltd., rep. by its Managing Director, Kumbakonam.
3.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pudukkottai Region, Pudukkottai.
4.The Administrator, The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai ? 600 002.
.