Disposed

G.Vadivel v. the Managing Director

Madras HC24 Apr 2024WP/11115/2024

Case brief

AI extract

What is this about?

Retired employee sought mandamus for interest on belated payment of PF, gratuity, leave salary and pension commutation. Court directed respondents to pay interest at 6% per annum from due date till disbursement within twelve weeks, rising to 12% per annum on failure.

What did the court decide?

Interest at 6% p.a. from due date till disbursement, payable within 12 weeks; failing which interest at 12% p.a. from due date till disbursement. No costs.

G.Vadivel Vs the Managing Director — Pension and Retirement Benefits | Madras HC (2024)

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2024:MHC:1970

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W.P.No.11115 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 24.04.2024

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CORAM :

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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W.P.No.11115 of 2024

G.Vadivel

.. Petitioner

Vs.

The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road,

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Salem – 636 007.

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The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Bharathipuram, Dharmapuri.

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The Tamil Nadu Transport Corporation, Employees Pension Fund Trust, Rep. by its Administrator, Thiruvallurvar House, Pallavan House, Chennai – 2. .. Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents to disburse the interest amount for the belated payment of Provident Fund, Gratuity, Leave Salary, Pension Commutation amount within the stipulate time as may be fixed by this Court.

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https://www.mhc.tn.gov.in/judis

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Page 1 of 4

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W.P.No.11115 of 2024

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For Petitioner : Mr.J.Pradeep For Respondents : Mr.K.Raja, Standing Counsel [R1 & R2]

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ORDER

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This Writ Petition is filed seeking for a Writ of Mandamus directing the respondents to disburse the interest amount for the belated payment of Provident Fund, Gratuity, Leave Salary, Pension Commutation amount within the stipulate time as may be fixed by this Court.

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Mr.K.Raja , learned Standing Counsel takes notice for the respondents 1 and 2. He would submit that the eligible amount will be paid to the petitioner within a reasonable time as may be fixed by this Court.

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Learned Counsel for the petitioner submits that, in these cases, this Court has consistently allowed the payment with interest at the rate of 6% per annum.

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In that view of the matter, this Writ Petition is disposed of on the following terms:

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(i) The respondents are directed to pay interest on the belated Page 2 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.No.11115 of 2024

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payment of P.F, Gratuity, Leave Salary, Pension commutation at the rate of 6 % per annum, from the date on which the amount became due, till the date of disbursement, within a period of twelve (12) weeks from the date of receipt of a copy of this order;

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(ii) If the amount is not paid within a period of twelve (12) weeks, thereafter, the interest shall be calculated at the rate of 12% per annum from the date on which the amount became due till the date of disbursement.

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(iii) There shall be no order as to costs.

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24.04.2024

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Index : yes/no Speaking order/Non-speaking order Neutral Citation : yes/no mp

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The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Road, Salem – 636 007.

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The General Manager,

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Tamil Nadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Bharathipuram, Dharmapuri.

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Page 3 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.No.11115 of 2024

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D.BHARATHA CHAKRAVARTHY, J.

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W.P.No.11115 of 2024

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24.04.2024

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https://www.mhc.tn.gov.in/judis

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Page 4 of 4

G.Vadivel v. the Managing Director

Case brief

What is this about?

What did the court decide?

G.Vadivel v. the Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

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