Disposed

K.v.Sarath Kumar, v. the Managing Director

Madras HC5 Mar 2024WP/5257/2024

Case brief

AI extract

What is this about?

A retired Senior Tradesman sought revision of wages per the 14th wage settlement dated 24.08.2022 (effective 01.09.2019) plus arrears, gratuity, leave encashment and pension differentials with interest. The court held his entitlement indisputable and directed payment within six months.

What did the court decide?

Direction to pay arrears of wages and differential gratuity/leave-encashment benefits per 14th wage settlement with 6% interest from retirement date to payment, within six months.

K.v.Sarath Kumar, Vs the Managing Director — Pension and Retirement Benefits | Madras HC (2024)

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W.P.No.5257 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05.03.2024

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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W.P.No.5257 of 2024

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K.V.Sarath Kumar Petitioner

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Vs.

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1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram 605 602

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2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore 632 009 ... Respondents

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PRAYER:

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Writ Petition is filed under Article 226 of Constitution of India

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praying to issue Writ of Mandamus directing the respondents to revise the petitioner wages with effect from 01.09.2019 based on the 14^th wage settlement dated 24.08.2022 and pay him the arrears of wages payable

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

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W.P.No.5257 of 2024

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from 01.09.2019 to 30.06.2022, difference in Leave Salary and Gratuity, Arrears of pension from 01.07.2022 to 28.02.2023 along with the interest at the rate of 12% per annum from the date of entitlement to till the date

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of actual disbursement within a time limit to be stipulated by this Court.

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For Petitioner : Mr.P.Manoj Kumar

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For Respondents : Mr.R.Venkatesa Perumal, Standing Counsel

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ORDER

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The w rit petition has been filed for direction to the respondents to revise the petitioner wages with effect from 01.09.2019 based on the 14^th wage settlement dated 24.08.2022 and pay him the arrears of wages payable from 01.09.2019 to 30.06.2022, difference in Leave Salary and Gratuity, Arrears of pension from 01.07.2022 to 28.02.2023 along with the interest at the rate of 12% per annum from the date of entitlement to till the date of actual disbursement.

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The petitioner retired as Senior Tradesman from the respondents

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/ Corporation. He retired from service on 30.06.2022.

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

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W.P.No.5257 of 2024

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A settlement was entered into between the Union and the Management on 24.08.2022. But it was made applicable with effect from 01.09.2019. Therefore, the petitioner is also entitled to the benefit under the said settlement, dated 24.08.2022. But his terminal benefits were settled without reference to the terms of the settlement. Therefore, the petitioner is entitled to not only the difference in benefits but also interest thereon.

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This stand of the petitioner cannot be disputed. I therefore, direct the respondents / Corporation to pay arrears of wages and differential benefits in respect of Gratuity and Encashment of Leave as per wage settlement, dated 24.08.2022. Those amounts shall be paid within a period of six (6) months from the date of receipt of a copy of this order. The respondents have to make the differential payment with 6% interest per annum to be computed from the date of the petitioner's retirement till the date of payment.

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3/7 https://www.mhc.tn.gov.in/judis

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W.P.No.5257 of 2024

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With the above said observations, the writ petition stands

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disposed of. There shall be no order as to costs.

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05.03.2024 Internet: Yes (2/2) Index: Yes/No Speaking/Non-speaking order lok

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W.P.No.5257 of 2024

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1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram 605 602

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2.The General Manager,

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Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore Region, Rangapuram, Vellore 632 009

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5/7 https://www.mhc.tn.gov.in/judis

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W.P.No.5257 of 2024

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G.K.ILANTHIRAIYAN, J.

lok

W.P.No.5257 of 2024

05.03.2024

6/7 https://www.mhc.tn.gov.in/judis

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W.P.No.5257 of 2024

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(2/2)

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7/7 https://www.mhc.tn.gov.in/judis

K.v.Sarath Kumar, v. the Managing Director

Case brief

What is this about?

What did the court decide?

K.v.Sarath Kumar, v. the Managing Director

Case brief

What is this about?

What did the court decide?

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