High Court · 2025

W.P.No.49145 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 18.12.2025CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANIW.P.Nos.49145, 49147, 49151, 49152 & 49153 of 2025M.Premkumar ... Petitioner in WP.No.49145 of 2025E.Kanniappan…Petitioner in W.P.No.49147 of 2025M.Shakila Anandhi ...Petitioner in W.P.No.49151 of 2025P.C.K.Komaraswamy …Petitioner in W.P.No.49152 of 2025M.Natarajan … Petitioner in W.P.No.49153 of 2025Vs.The Management of Tamilnadu State Transport Corporation (Kovai) Ltd.,Rep. By its Managing Director,Coimbatore. ....Respondent in W.P.No.49145 of 2025The Management of Tamilnadu State Transport Corporation (Kovai) Ltd.,Erode Region, Rep. By its Managing Director,Erode. … Respondent in W.P.Nos.49147, 49151, 49152 & 49153 of 2025_________Page 1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.49145 of 2025W.P.No.49145 of 2025Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of writ of mandamus, directing the respondent to pay the petitioner the difference / arrears of terminal benefits namely Gratuity and Encashment of Leave, after revising the same based on the scale of pay payable to him from 01.09.2023 as admitted by the respondent in the RTI information dated 15.09.2025 together with 18 percent interest per annum, within a time frame as may be fixed by this Honourable Court.WP No. 49147 of 2025Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of writ of mandamus, directing the respondent to pay the petitioner the difference / arrears of terminal benefits namely Gratuity and Encashment of Leave, after revising the same based on the scale of pay payable to him from 01.09.2023 as admitted by the respondent in the RTI information dated 29.09.2025 together with 18 percent interest per annum, within a time frame as may be fixed by this Honourable CourtWP No. 49151 of 2025Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of writ of mandamus, directing the respondent to revise / re-fix the scale of pay of the husband of the petitioner / the diseased employee (Late) G.selvaraju, staff No.86CR2J13025, w.e.f. 01.09.2023 to till his death, based on the wage settlement dated 29.05.2025 and _________Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.49145 of 2025consequently to pay the difference / arrears of terminal benefits namely Gratuity and Encashment of Leave, after revising the same based on such re-fixed scale of pay payable to him on the month of his death as admitted by the respondent in the RTI information dated 29.09.2025 together with 18 percent interest per annum within a time frame as may be fixed by this Honourable Court.WP No. 49152 of 2025Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of writ of mandamus, directing the respondent to pay the petitioner the difference / arrears of terminal benefits namely Gratuity and Encashment of Leave, after revising the same based on the scale of pay payable to him from 01.09.2023 as admitted by the respondent in the RTI information dated 12.09.2025 together with 18 percent interest per annum, within a time frame as may be fixed by this Honourable CourtWP No. 49153 of 2025Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of writ of mandamus, directing the respondent to pay the petitioner the difference / arrears of terminal benefits namely Gratuity and Encashment of Leave, after revising the same based on the scale of pay payable to him from 01.09.2023 as admitted by the respondent in the RTI information dated 29.09.2025 together with 18 percent interest per annum, within a time frame as may be fixed by this Honourable Court._________Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.49145 of 2025For Petitionersin all petitions : Mr.V.Ajoy KhoseFor Respondentin all petitions : Mr.M.Murali Vinoth Standing Counsel COMMON ORDERSince the issue raised in these writ petitions is one and the same, these writ petitions are disposed of by way of this common order.2. These Writ Petitions have been filed seeking a direction to the respondents to pay the difference/arrears of terminal benefits namely Gratuity and Encashment of Leave to the respective petitioner, after revising the same based on the scale of pay payable to them as per the new wage settlement under Section 12(3) of the Industrial Disputes Act, 19473. The petitioners were appointed as Helper, Conductor or Driver in the Respondent Corporation and after rendering more than 30 years of service, were upgraded to higher cadre posts. The petitioners retired from _________Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.49145 of 2025service prior to the wage settlements entered into under Section 12(3) of the Industrial Disputes Act, 1947, dated 13.04.2015 & 29.05.2025, which were given retrospective effect from 01.09.2013 & 01.09.2023 respectively. As per the said settlements, the petitioners are entitled revision of pay and consequential terminal benefits such as gratuity and encashment of leave with effect from 01.09.2013 & 01.09.2023 respectively. However, the said benefits have not been extended to the petitioners. Though the petitioners submitted a representation dated 24.10.2025 in this regard to the respondent, the same was not considered and therefore, in order to espouse the said cause, the petitioners have come up with present Writ Petitions.4. Heard the learned counsel appearing for the petitioners and the learned standing counsel appearing for the respondent corporation. 5. In view of the settlement arrived at under Section 12(3) of the Industrial Disputes Act, 1947, which entitles the employees of the Transport Corporation to revision of pay scale including Gratuity and encashment of leave, the respondent is directed to implement the revised pay scales to the _________Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.49145 of 2025petitioners, if they are eligible in terms of the said settlement along with interest. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order. 6. Accordingly, these Writ Petitions are disposed of with the aforesaid direction. There shall be no order as to costs. 18.12.2025 NCC: Yes / NoIndex : Yes / NoSpeaking Order : Yes / Nokkn_________Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.49145 of 2025To1.The Managing Director, Tamilnadu State Transport Corporation (Kovai) Ltd., Coimbatore. 2.The Managing Director, Tamilnadu State Transport Corporation (Kovai) Ltd., Erode Region, Erode._________Page 7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.49145 of 2025M.DHANDAPANI, J. KKNW.P.Nos.49145, 49147, 49151, 49152 & 49153 of 202518.12.2025_________Page 8 of 8