Partly allowed

G.Albert, S/O.Gabriel v. the Managing Director

Madras HC8 Feb 2017WP(MD)/2119/2017

Case brief

AI extract

What is this about?

This single-judge writ petition sought a direction to the Tamil Nadu State Transport Corporation to settle the petitioner's retired benefits including gratuity, leave salary, and dearness allowance arrears with interest. The Court issued directions to pay unsettled terminal benefits in twelve equal monthly instalments starting April 10, 2017, with 6% interest normally and 18% interest in case of d

What did the court decide?

Termination benefits to be paid in twelve equal monthly instalments starting April 10, 2017, with 6% annual interest, or 18% interest in case of delay.

G.Albert, S/O.Gabriel Vs the Managing Director — Pension and Retirement Benefits | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2017

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CORAM :

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THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

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W.P(MD)No.2119 of 2017

G.Albert

... Petitioner

vs.

1)The Managing Director,

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Tamil Nadu State Transport Corporation Tirunelveli Ltd., Tirunelveli.

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2)The General Manager,

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The Tamil Nadu State Transport Corporation Tirunelveli Ltd., Ranithottam, Nagercoil-629001, Kanyakumari District.

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... Respondents

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Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to settle the Petitioner's retirement benefits including Gratuity, Leave Salary, Dearness Allowance arrears and all other attendant retirement benefits etc., with interest at the rate of not less than 18% from the date of retirement namely 31-5-2013 and pay the same to the petitioner within the time frame to be fix by this Honourable Court.

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For Petitioner : Mr.N.S.Ramakrishnadass For Respondents : Mr.K.Sathya Singh

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ORDER

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The petitioner was employed as Conductor in the respondent Corporation and he retired from service on 31.05.2013 on attaining the age of superannuation.

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2.He has filed this writ petition seeking for a direction to the respondents to pay the retirement benefits.

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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 instalments 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 https://hcservices.ecourts.gov.in/hcservices/ the defaulted period of instalment.

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4.In these circumstances, this writ petition is disposed of with the following directions:-

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i)A direction is issued to the transport corporation to settle

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the terminal benefits of the petitioner that are yet to be settled, in twelve equal monthly instalments;

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ii)The first instalment shall commence by making payment on or before the 10^th April 2017 and the amount in each of the remaining instalments shall be paid on or before 10^th of every succeeding month;

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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 instalments, the interest payable could be 18% for the delayed period;

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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.

Sd/-

Assistant Registrar

/TRUE COPY/

Sub Assistant Registrar

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1)The Managing Director,

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Tamil Nadu State Transport Corporation Tirunelveli Ltd., Tirunelveli.

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2)The General Manager,

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The Tamil Nadu State Transport Corporation Tirunelveli Ltd., Ranithottam, Nagercoil-629001, Kanyakumari District.

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+1 cc to MR.N.S.Ramakrishnadass, ADVOCATE, SR NO:6782 +1 cc to MR.K.Sathiya Singh, ADVOCATE, SR NO:7066

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nbi

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sva/bs/23.02.2017/2p/5c

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W.P(MD)No.2119 of 2017

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08.02.2017

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https://hcservices.ecourts.gov.in/hcservices/

G.Albert, S/O.Gabriel v. the Managing Director

Case brief

What is this about?

What did the court decide?

G.Albert, S/O.Gabriel v. the Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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