Allowed

Kannan v. The Managing Director

Madras HC6 Jun 2024WP(MD)/11806/2024

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court, by consent, directed respondents to pay differential gratuity, provident fund, and encashment of leave benefits along with 6% interest to a retired special grade tradesman under an applicable wage settlement.

What did the court decide?

Directed respondents to pay differential gratuity, provident fund, and encashment of leave with 6% interest within eight weeks.

Kannan Vs The Managing Director — Pension and Retirement Benefits | Madras HC (2024)

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WP(MD) No.11806 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 06.06.2024

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CORAM:

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THE HONOURABLE MS.JUSTICE R.N.MANJULA

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W.P.(MD) No.11806 of 2024

Kannan

... Petitioner

Vs.

1.The Managing Director

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Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam - 612 001.

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2.The Administrator

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Tamil Nadu State Transport Corporation Employees Pension Fund Trust,

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Thiruvalluvar House, Pallavan Salai, Chennai-600 002. ...Respondents

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

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Prayer

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WP(MD) No.11806 of 2024

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to pay the different amount of salary, terminal benefits viz. Gratuity, Provident Fund, Earned Leave Salary and pension with interest @ 6 % p.a. and also revise the pension based on the 12 (3) Settlement dated 24.08.2022.

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For Petitioner : Mr.D.Venkatachalam

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For Respondents : Mr.K.Jagadees Balan – for R1

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Standing Counsel Mr.S.C.Herold Singh – for R2

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ORDER

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The present writ petition has been filed seeking a Writ

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of Mandamus to direct the respondents to pay the different amount

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of salary, terminal benefits viz. Gratuity, Provident Fund, Earned

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Leave Salary and pension with interest @ 6 % p.a. and also revise the pension based on the 12 (3) Settlement dated 24.08.2022.

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2 . Heard Mr.D.Venkatachalam, learned counsel for the

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petitioner, Mr.K.Jagadees Balan, learned Standing Counsel

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

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WP(MD) No.11806 of 2024

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appearing for the first respondent and Mr.S.C.Herold Singh, learned

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counsel appearing for the second respondent.

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3 . By consent of both parties, this Writ Petition is taken

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up for final disposal at the stage of admission itself.

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4 . The petitioner retired as “Special Grade Tradesman”

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in the respondent Corporation. He reached the age of superannuation and retired from service on 31.05.2022.

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5 . A settlement was entered into between the Union and

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the Management on 24.08.2022. But it was made applicable with

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effect from 01.09.2019. Therefore, the petitioner was also entitled

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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 the interest thereon.

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

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WP(MD) No.11806 of 2024

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6 . Hence, it is appropriate to direct the respondent

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Corporation to pay differential benefits in respect of Gratuity, provident fund and Encashment of Leave as per wage settlement, dated 24.08.2022.

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Accordingly, this Writ Petition is disposed of and the respondents are directed to pay differential benefits in respect of Gratuity, provident fund and Encashment of Leave as per wage settlement, dated 24.08.2022 with interest at the rate of 6% per annum from the date of retirement till the date of dispersal within a period of eight (8) weeks from the date of receipt of a copy of this order. No costs.

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06.06.2024

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Index : Yes / No Internet : Yes / No NCC : Yes / No RM

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

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WP(MD) No.11806 of 2024

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1.The Managing Director Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam - 612 001.

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2.The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

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

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WP(MD) No.11806 of 2024

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R.N.MANJULA, J.

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Order made in W.P.(MD)No.11806 of 2024

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Dated: 06.06.2024

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

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Kannan v. The Managing Director

Case brief

What is this about?

What did the court decide?

Kannan v. The Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

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