N.Ramakrishnan vs The Tamilnadu State Transport ... on 21 June, 2017

[Cites 2, Cited by 1]

Madras High Court

N.Ramakrishnan vs The Tamilnadu State Transport ... on 21 June, 2017

Bench: S.S.Sundar

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED: 21.06.2017  

CORAM   

THE HONOURABLE MR.JUSTICE S.S.SUNDAR           

W.P(MD)No.11458 of 2017   

N.Ramakrishnan                                                          ... Petitioner      

Vs.

1.The Tamilnadu State Transport Corporation,
   (Kumbakonam) Ltd., 
   rep. By its Managing Director, Kumbakonam. 

2.The General Manager, 
   Tamil Nadu State Transport Corporation,
   (Kumbakonam) Ltd, Trichy Region, Trichy.

3.The Administrator,
   Tamil Nadu State Transport Corporation,
   Pension Fund Trust, Thiruvalluvar Illam,
   Pallavan Salai, Chennai-2.                                           ... Respondents

Prayer : Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Mandamus,  to refix and revise petitioner's
pay for the period from 01.09.2013 to 07.09.2013 based on the terms of
settlement dated 13.04.2015 entered under Section 12(3) of Industrial
Disputes Act, 1947  by giving pay revision at the rate of 5.5 % and further
directing the Respondents to pay him the difference amount in petitioner's
salary for the period from 01.09.2013 to 07.09.2013 and to pay difference in
his retirement benefits including monthly pension, gratuity, leave salary,
commuted value of pension and all other attendant benefits payable from
08.09.2013 to till date together with interest at the rate of 18% per annum
based on the said settlement.

!For Petitioner : Mr.A.Rahul

For Respondents : Mr.D.Sivaraman,        
                                          Standing Counsel for R1& R2 
                                          Mr.A.P.Muthupandian 
                                          Standing Counsel for R3



:ORDER

The petitioner was appointed as a Driver and retired from service as Selection Grade Service with effect from 07.09.2013.

2.The petitioner has submitted that the first respondent Corporation is bound to implement the revised pay fixation applicable to the petitioner in terms of the settlement under Section 12(3) of the Industrial Disputes Act, dated 13.04.2015.

3.Therefore, this writ petition is disposed of with the direction to the respondents to consider the petitioner's representation, dated 17.04.2017 in the light of the settlement under Section 12(3) of the Industrial Disputes Act, dated 13.04.2015, on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order. No costs.

1.The Managing Director, Tamilnadu State Transport Corporation, (Kumbakonam) Ltd., Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd, Trichy Region, Trichy.

3.The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2..

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