THE HON-BLE MR v. The Managing Director
Case at a glance
Outcome
Disposed of
With the above direction, this Writ Petition is disposed of
Provisions considered
- Constitution of India art. 226
- Industrial Disputes Act, 1947 s. 12(3)
Key paragraphs
- Para 44. Pursuant to the 13th Wage Settlement of the Transport Corporation of the Government of Tamil Nadu, under Section 12(3) of the Industrial Disputes Act, 1947 dated 04.01.2018, the petitioners are entitled to higher pay, of course, notionally, from the year 2010 and accordingly, their…
- Para 88. With the above direction, this Writ Petition is disposed of. However, there shall be no orders as to costs. To 1) The Secretary, Transport Department, Secretariat, Chennai~ 600 009. 2) The Managing Director, Tamil Nadu State Transport Corporation, Tirunelveli Ltd., Tirunelveli 627 011. 3)…
Judgment
THE HON-BLE MR.JUSTICE R.SURESH KUMAR +W.P.(MD)No.17139 of 2018 #1) S.Padmanabha Pillai 2) K.George 3) S.Mathias 4) A.Joesph Stanley 5) K.Vargheese 6) K.Subramania Pillai 7) William Keri 8) K.Gurunathan 9) S.Charlus 10) C.Rajendran 11) T.Paulraj 12) N.Nadarajan 13) Narayana Pillai 14) S.Berkmans 15) S.David Wilson 16) B.Thankappan 17) S.Hariendranath 18) M.Rajanbabu 19) C.Chithambaram 20) M.Ramachandren ... Petitioners Vs $1) The Secretary, Transport Department, Secretariat, Chennai~ 600 009. 2) The Managing Director, Tamil Nadu State Transport Corporation, Tirunelveli Ltd., Tirunelveli 627 011. 3) The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Trust, Thiruvallur House, Pallavan Salai, Chennai. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents herein to implement the 13th wage settlement terms No.5 in Checking Inspector / Driving Instructors (CI/DI) and Security supervisor pay band 9300~34800 and grade pay 4300/~ with effect from 01.09.2010 on the basis of petitioners representation dated 02.07.2018 consequently the respondents to give all other monitory benefits to the petitioners forthwith. !For Petitioners : Mr.N.S.Ramakrishna Dass ^For R1 : Mr.M.Murugan, Government Advocate. For RR 2 & 3 : Mr.K.Sathiya Singh, Standing Counsel. :ORDER The prayer sought for in this Writ Petition is for a Writ of Mandamus directing the respondents herein to implement the 13th Wage Settlement Terms No.5 in Checking Inspector / Driving Instructors (CI/DI) and Security Supervisor pay band 9300~34800 and Grade Pay Rs.4,300/~ with effect from 01.09.2010, on the basis of petitioners- representation dated 02.07.2018 and consequently, the respondents to give all other monitory benefits to the petitioners forthwith.
Heard Mr.N.S.Ramakrishna Dass, learned counsel appearing for the petitioners and Mr.M.Murugan, learned Government Advocate appearing for the first respondent and Mr.K.Sathiya Singh, learned standing counsel appearing for the respondents 2 & 3.
Learned counsel appearing for the petitioners would submit that, the petitioners were working as Checking Inspectors / Driving Instructors at the respondent Corporation and on superannuation, all these petitioners retired from service on various dates between 01.09.2010 and 31.08.2016.
Pursuant to the 13th Wage Settlement of the Transport Corporation of the Government of Tamil Nadu, under Section 12(3) of the Industrial Disputes Act, 1947 dated 04.01.2018, the petitioners are entitled to higher pay, of course, notionally, from the year 2010 and accordingly, their pay has to be fixed notionally and the monetary benefits by way of pension has to be given to them by the respondent Corporation. However, the said follow up action was not taken by the respondent Corporation, pursuant to under Section 12(3) of the 13th Wage Settlement Terms. Therefore, in this regard, the petitioners have made their request by way of representation dated 02.07.2018.
The learned counsel appearing for the petitioners would submit that, if the said representation dated 02.07.2018 given by the petitioners are directed to be considered on merits and an order to that effect is directed to be passed within a time frame that may be fixed by this Court, the petitioners would be satisfied.
I have heard Mr.M.Murugan, learned Government Advocate appearing for the first respondent, who would submit that, the said representation of the petitioners dated 02.07.2018 would be considered on merits and in accordance with law and an order to that effect would be directed to be passed by the respondents, within a time frame that may be fixed by this Court.
Considering the said submissions made by both sides and by taking into account the limited scope of the writ petition, this Court is inclined to pass the following orders: ?that the respondents are directed to consider the representation of the petitioners dated 02.07.2018, on merits and in accordance with law and pass orders thereon, within a period of eight weeks from the date of receipt of a copy of this order.?
Operative part
With the above direction, this Writ Petition is disposed of. However, there shall be no orders as to costs. To 1) The Secretary, Transport Department, Secretariat, Chennai~ 600 009. 2) The Managing Director, Tamil Nadu State Transport Corporation, Tirunelveli Ltd., Tirunelveli 627 011. 3) The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Trust, Thiruvallur House, Pallavan Salai, Chennai.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With the above direction, this Writ Petition is 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 02 Jul 2018. The bench was R SURESH KUMAR.
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.