Disposed¶51

A.Chandrasekaran v. The Managing Director

Madras HC25 Mar 2025WP/3338/2019

Case brief

AI extract

What is this about?

Keywords: 12(3) settlement; arrears of pension; commutation; G.O.Ms.No.61 dated 30.04.2015 / 13.4.2015 / 13.04.2015; Tamilnadu State Transport Corporation (Salem) Ltd.; TNSTC Employees Pension Trust; writ of mandamus; Article 226 Constitution of India; Industrial Disputes Act 1947; pending representations; dispose with four-week compliance direction; no costs; Madras High Court 25.03.2025; Justice R.N.Manjula; W.P No.3338 of 2019.

What did the court decide?

No monetary award: respondents directed to consider the petitioners' representations, scrutinise records for any benefits payable under the 12(3) settlement and G.O.Ms.No.61 dated 13.04.2015, and pass orders in accordance with law within four weeks; no costs. The claimed Rs.19,80,065/- with 6% p.a. interest was not adjudicated. ¶51

A.Chandrasekaran Vs The Managing Director — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

¶51

Issue for consideration

Whether the respondents are bound to disburse Rs.19,80,065/- towards arrears of pension and commutation to the petitioners as per the 12(3) settlement and G.O.Ms.No.61, with interest at 6% per annum until realisation. +1 more

¶35

Ratio / Principle

While considering the petitioners' representations, the respondents shall scrutinize the relevant records and ascertain whether any benefits are due/payable to the petitioners under the 12(3) settlement and the consequential Government Order G.O.Ms.No.61 dated 13.04.2015.

¶50

Key takeaways

The writ petition is disposed of: the respondents are directed to consider the representation of the petitioners and pass orders in accordance with law within a period of four weeks from receipt of a copy of the order, with no costs.ratio¶51

Detailed headnote1 paragraphs

Madras High Court (Ms. Justice R.N.Manjula), W.P No.3338 of 2019, disposed on 25.03.2025. Thirteen transport-corporation pensioner applicants/family members (legal heirs substituted for two deceased original petitioners by orders dated 06.03.2025) sought a writ of mandamus under Article 226 directing the Managing Director, Tamilnadu State Transport Corporation (Salem) Ltd. and the Administrator, TNSTC Employees Pension Trust to pay Rs.19,80,065/- as arrears of pension and commutation per the 12(3) settlement under the Industrial Disputes Act and G.O.Ms.No.61 (printed variously as dated 30.04.2015 and 13.4./13.04.2015), with 6% interest. The court noted the respondents' contention that such dues were already settled, did not itself adjudicate entitlement, and disposed of the petition by directing the respondents to scrutinise the records for any benefits payable under the 12(3) settlement and G.O.Ms.No.61 dated 13.04.2015 and to consider the representations and pass orders in accordance with law within four weeks; no costs.

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.03.2025

¶2

CORAM

¶3

THE HONOURABLE MS. JUSTICE R.N.MANJULA

¶4

W.P No.3338 of 2019

¶5

A.Chandrasekaran, (FC0367) m/62 S/o K.Arunachalam, L-217, Kuttapalli Colony Post, Thiruchengode Taluk, Nammakkal District

¶6

2.P.Lakshmanan, (FC0370) M/62, S/o R.Perian Palagan, B-6, Ezhil Nagar, Ayyamperumalpatty - 2, Kannakurinchi Post Salem-636 008.

¶7

3.M.Raju, (RC0389) M/62 S/o Muthu Naickar 12-B, Bharathiyar Street (East) Periyagollappatty, Mallasamuthiram Post, Nammakkal District.

¶8

G.Kumaresan (FC0390) M/62 S/o Ganesa goundar 1/33, West Street Nansel Idayar Post Paramathivelur Taluk Nammakkal District.

¶9

5.P.Mani (FC0415) M 61 (deceased) S/o Palanimuthu

¶10

1/8

¶11

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

¶12

M.Perumapalayam Sheshanchavadi, Valapadi Taluk, Salem District.

¶13

S.Gnanavel (FC0422) m/62 S/o M.Shanmugam, H-9, TNHB Colony, Sangagiri R.S.Post, Salem 637 302.

¶14

7.V.Thangaraj (FC0429) M62, (deceased) S/o S.Vaiyapuri 356, Vinayagapuram, Attur Taluk, Salem District.

¶15

8.R.Natesan (FC0291) M/62, S/o Ramasamy goundar, 1/2, Thundukadu, Mavilipalayam Post Sangagiri Taluk Salem District .

¶16

P-9 SANTHOSHKUMAR,

¶17

S/O.LATE.MANI, RESIDING AT DOOR NO.3/4, M.PERUMAPALAYAM, VALAPADI TALUK, SALEM DISTRICT.

¶18

P-10 SANTHAMEENA,

¶19

D/O.LATE.MANI, W/O.PRABU, RESIDING AT 4/49, B.MUTTAL ROAD, KALLANATHAN, SALEM DISTRICT.636 141.

¶20

2/8

¶21

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

¶22

P-11 CHINNAPONNU,

¶23

W/O.LATE.THANGARAJ, NO.356, VINAYAGAPURAM, ATTUR TALUK, SALEM DISTRICT.636 102.

¶24

P-12 SAKTHIVEL,

¶25

S/O.LATE.THANGARAJ, NO.356, VINAYAGAPURAM, ATTUR TALUK, SALEM DISTRICT.636 102.

¶26

P-13 NIRMALESH,

¶27

S/O.VINOTH KANNAN, REPRESENTED BY GUARDIAN GRAND MOTHER NEXT FRIEND CHINNAPONNU,W/O.LATE.THANGARAN, NO.356,VINAYAGAPURAM, ATTUR TALUK, SALEM DISTRICT.636 102. ... Petitioners

¶28

(P9 AND P10 ARE SUBSTITUTED AS LRS OF DECEASED P5, AS PER ORDER DATED 06.03.2025 IN WMP.8711/2025 IN WP.3338/2019 BY RNMJ) (P11 TO P13 ARE SUBSTITUTED AS LRS OF DECEASED P7, AS PER ORDER DATED 06.03.2025 IN WMP.8718/2025 IN WP.3338/2019 BY RNMJ)

¶29

/vs/

¶30

The Managing Director, Tamilnadu State Transport Corporation (Salem) Ltd., 12, Ramakrishna Salai, Salem-636-007.

¶31

3/8

¶32

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

¶33

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

¶34

Writ Petition is filed under Article 226 of the Constitution of India to issue

¶35

a WRIT OF MANDAMUS directing the Respondents to disperse a sum of Rs. 19,80,065/-towards the arrears of pension and commutation to the Petitioners as per the G.O.Ms.No.61 dated 30.04.2015 issued in view of the 12(3) settlement arrived at under the Industrial Disputes Act, 1947 with further interest at the rate of 6% pa till the realisation of the entire amount

¶36

For Petitioners : Mr.G.Pugazhenthi For Respondents : Mr.C.K.Sathish, standing counsel (transport)

¶37

ORDER

¶38

This writ petition has been filed seeking direction against the respondents to disburse a sum of Rs.19,80,065/- towards the arrears of pension and commutation to the petitioners in terms G.O.Ms.61 dated 13.4.2015 issued in view of the 12(3) settlement arrived at under the Industrial Dispute Act, 1948 and further the

¶39

4/8

¶40

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

¶41

interest @ 6% per annum to its realization with the entire amount.

¶42

2.Heard Mr.G.Pugazhenthi, learned counsel for the petitioner,

¶43

Mr.C.K.Sathish, learned standing counsel (transport) for the respondents and

¶44

perused the material available on record.

¶45

3.The learned counsel for the petitioners submitted that though the respondents had not denied the fact about 12(3) settlements, they have failed to extend the benefits arising therefrom to the petitioners.It is further submitted that the petitioners have made several representations in this regard, but the same have not been considered or culminated in any order so far.

¶46

The learned standing counsel for the respondents submitted that dues towards pension and commutation have already been settled in favour of the petitioners in accordance with the 12(3) settlement and there is no further claim is payable to the petitioner.

¶47

In such circumstances, an appropriate order needs to be passed based on the representations made by the petitioners. While considering such

¶48

5/8

¶49

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

¶50

representations, the respondents shall scrutinize the relevant records and ascertain whether any benefits are due to the petitioners is payable under the 12(3) settlement and the consequential Government Order issued in this regard is namely G.O.Ms.No.61 dated 13.04.2015.

¶51

6.In view of the above observation this writ petition is disposed and the respondents are directed to consider the representation of the petitioners and pass orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order. No costs.

¶52

25.03.2025

¶53

Index : Yes Internet : Yes/No jrs

¶54

6/8

¶55

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

¶56

¶57