J.Vincent Raj vs The Tamil Nadu State Transport ... on 1 November, 2016

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Madras High Court

J.Vincent Raj vs The Tamil Nadu State Transport ... 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.20945 of 2016   

J.Vincent Raj                                                                      :
Petitioner
                        
Vs.

The Tamil Nadu State Transport Corporation
      (Tirunelveli) Ltd. rep. by its Managing Director,
Vannarpet, Tirunelveli.                                                         :
Respondent  

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus directing the Respondents to settle the
terminal benefits of provident fund amount of Rs.12,04,721/-, gratuity amount
of Rs.6,33,509/- and  Surrender of earned leave 240 days and medical leave
63.5 days amount of Rs.3,74,316/- altogether a sum of Rs.22,12,546/- with
interest at the rate of 6% per annum taking into consideration of the
representation of the petitioner dated 03.10.2016.

!For Petitioner         : Mr.D.Soundarraj

For Respondent          : Mr.K.Sathiyasingh                             
                        

:ORDER

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

..Tennessee Williams The petitioner was employed as Special Grade Tradesman in the respondent Corporation and he retired from service on 30.01.2015 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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