Disposed

R.Krishnamoorthy v. the Management of

Madras HC28 Mar 2017WP(MD)/4496/2017

Case brief

AI extract

What is this about?

Petitioner, a retired TNSTC driver, filed a writ petition claiming outstanding retirement benefits. The bench disposed of the petition by directing the corporation to pay terminal benefits in equal monthly installments with interest, following a prior division bench order.

What did the court decide?

Directing the employer to pay terminal benefits in twelve equal monthly installments starting May 10, 2017, carrying 6% interest, and 18% interest for delays.

R.Krishnamoorthy Vs the Management of — Pension and Retirement Benefits | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 28.03.2017

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CORAM

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THE HONOURABLE MR.JUSTICE S.S.SUNDAR

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W.P.(MD).No.4496 of 2017

R.Krishnamoorthy

...Petitioner

Vs.

1.The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd, Kumbakonam Region, Rep.By its General Manager, Kumbakonam.

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2.The Administrator, Tamil Nadu State Transport Employees Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2. ...Respondents

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PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to pay the petitioner Rs.6,22,990/- towards Gratuity, Rs.8,016/towards Leave Salary together with 18% interest per annum, along with interest amount towards the delay in paying EPF Employee's Contribution amount Rs.1,23,568/- for the period from31.10.16 to 20.11.17 at the same rate and further directing the respondents to pay him Rs.2,42,391/- towards the Pension Commutation amount, together with 18% interest per annum, within a time frame as may be fixed by this Court.

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For Petitioner : Mr.S.Arunachalam

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For R1 : Mr.D.Sivaraman Standing Counsel for TNSTC For R2 : Mr.A.P.Muthupandian Standing Counsel for TNSTC ***

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O R D E R

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The petitioner was employed as Driver in the respondents https://hcservices.ecourts.gov.in/hcservices/ Corporation and he retired from service on 31.10.2016, on reaching 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

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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. The learned Standing Counsel for the respondents has no objection to pass similar orders passed by this Court earlier following the order of the Hon'ble Division Bench.

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

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ii)The first installment shall commence by making payment on or before 10^th of May 2017 and the amount in each of the remaining installments 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 installments, 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.

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Sd/-

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Assistant Registrar(CS-III)

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/True Copy/

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Sub Assistant Registrar

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CMR/GSP

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SV/MMS/SAR2/18.04.2017/2P/1C

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

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W.P.(MD).No.4496 of 2017 28.03.2017

R.Krishnamoorthy v. the Management of

Case brief

What is this about?

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R.Krishnamoorthy v. the Management of

Case brief

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What did the court decide?

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