#S.Subramanian v. Chennai ~ 2
Case at a glance
Outcome
Disposed of
With the above direction, the Writ Petitions stand disposed of
Provisions considered
- Constitution of India art. 226
- Industrial Disputes Act, 1947 s. 12(3)
Key paragraphs
- Para 55. With the above direction, the Writ Petitions stand disposed of. No costs. To 1. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.
Judgment
*CORAM THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN +W.P.(MD)Nos.21905 of 2018 to 21907 of 2018 #S.Subramanian ... Petitioner in W.P.(MD)No.21905 of 2018 M.Nagarajan ... Petitioner in W.P.(MD)No.21906 of 2018 T.Pandian ... Petitioner in W.P.(MD)No.21907 of 2018 Vs. $1.The Management of Tamil Nadu, State Transport Corporation (Kumbakonam) Ltd., Rep.by its Managing Director, Kumbakonam.
The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Nagapattinam Region, Nagapattinam.
The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Pallavan Salai, Thiruvalluvar Illam, Chennai ~ 2. ... Respondents PRAYER in all the W.Ps.: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to revise the petitioner-s pay and grade pay in terms of Clause 1(a) and Clause 5 of settlement under Section 12(3) of the I.D.Act, dated 04.01.2018 and consequently, direct the respondents to revise his pension, gratuity, earned leave salary, commuted value of pension, provident fund based on the pay revision given in the settlement and to disburse the difference amounts in the terminal benefits together with interest at the rate of 18% per annum payable from the date when it became due to till the date of actual payment within the time limit that may be fixed by this Court. !For Petitioners : Mr.A.Rahul ^For Respondents : Mr.D.Sivaraman for R1 and R2 Mr.A.P.Muthupandian for R3 :COMMON ORDER The petitioners seek for a Writ of Mandamus, directing the respondents 1 and 2 to revise their pay and grade pay in terms of Clause 1(a) and Clause 5 of settlement under Section 12(3) of the Industrial Disputes Act, dated 04.01.2018 and consequently, direct the respondents concerned to revise the pension, gratuity, earned leave salary, commuted value of pension and provident fund based on the pay revision granted under the settlement and also to disburse the difference amounts in the terminal benefits together with interest at the rate of 18% per annum payable from the date when it became due to till the date of actual payment within the time limit.
2. Mr.D.Sivaraman, learned counsel takes notice for respondents 1 and 2 / Corporation and Mr.A.P.Muthupandian, learned counsel takes notice for the 3rd respondent. By consent, the writ petition itself is taken up for final disposal.
3. The learned counsel for the petitioners submitted that it would suffice if the representations of the petitioners shall be disposed of in the light of the settlement dated 04.01.2018 entered under Section 12(3) of Industrial Disputes Act, within a time frame to be fixed by this Court.
In view of the limited scope of the prayer, without going into the merits of the matter, the respondents concerned are directed to consider the representations of the petitioners, dated 25.09.2018, 28.09.2018 and 06.10.2018 and pass appropriate orders thereon in the light of the terms of settlement dated 04.01.2018 entered under Section 12(3) of Industrial Disputes Act, 1947. In case, the petitioners are entitled to the settlement entered under Section 12(3) of the Act, the eligible amount shall be extended to them and the same shall be disbursed within a period of eight weeks from the date of receipt of a copy of this order.
Operative part
With the above direction, the Writ Petitions stand disposed of. No costs. To 1. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.
2. The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Nagapattinam Region, Nagapattinam.
3. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Pallavan Salai, Thiruvalluvar Illam, Chennai ~ 2.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With the above direction, the Writ Petitions stand disposed of
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Industrial Disputes Act, 1947 — s. 12(3).
Which court decided this case, and when?
Madras High Court, on 04 Jan 2018. The bench was S VAIDYANATHAN.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.