Balakrishnan P Vs The General Manager

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of the respondent passed in Proc. No. TNSTC/KUM/TRY/DS/SM1/2110/2019 dated 19.03.2019, quash the same and directing the respondent to revise / re-fix his scale of pay w.e.f. 01.09.2016 to till his retirement, based on the wage settlement dated 04.01.2018 and consequently to pay him difference / arrears of terminal benefits namely Gratuity and Encashment of Leave, after revising the same based on such re-fixed scale of pay payable to him on the month of his retirement, together with 18 percent interest per annum, within a time frame as may be fixed by this Court.

¶13

1/7

¶14

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

¶15

For Petitioner : Mr. S. Arunachalam For Respondent : Mr.K.Ramaiah TNSTC Standing Counsel

¶16

W.P(MD)No.17581 of 2025

¶17

O R D E R

¶18

The present writ petition has been filed challenging the impugned proceedings dated 19.03.2019, by which the respondent declined to revise the pay difference based on the Settlement under Section 12(3) of 'the Industrial Dispute Act, 1947' (hereinafter referred to as 'ID Act' for brevity) and consequently, to direct the the respondent to revise / re-fix his scale of pay with effect from 01.09.2016 to till his retirement, based on the wage settlement dated 04.01.2018 and to pay him the difference / arrears of terminal benefits, namely, Gratuity and Encashment of Leave, after such revision, calculate on the re-fixed pay scale as applicable in the month of his retirement, together with 18 percent interest per annum, within a time frame as may be fixed by this Court.

¶19

2. The case of the petitioner is that he is a retired Transport Corporation employee, who superannuated on 30.06.2016, prior to the Settlement under Section 12(3) of the ID Act made on 04.01.2018. The learned counsel for the petitioner contends that the petitioner is entitled to a revision of pay with

¶20

2/7

¶21

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

¶22

W.P(MD)No.17581 of 2025

¶23

effect from 01.09.2016 to 30.06.2016. However, without extending the benefits to the petitioner, the claim was rejected by the impugned proceedings dated 19.03.2019. Aggrieved by the same, the petitioner has filed the present writ petition.

¶24

3. The learned counsel for the petitioner would further submit that the issue arising in the present writ petition is no longer res integra as it has already been decided by this Court in W.P.(MD) No.27525 of 2022 and batch, by order dated 21.12.2022. Therefore, the similar relief ought to have been extended to the petitioner as well and accordingly, he prayed to allow the writ petition.

¶25

4. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing on behalf of the respondent and perused the materials available on record.

¶26

5. The facts in the present writ petition are not disputed. Admittedly,

¶27

the petitioner is a retired Transport Corporation employee, who superannuated on 30.06.2016, prior to the Settlement made under Section 12(3) of the ID Act, on 04.01.2018. The petitioner has made a representation seeking extension of the

¶28

3/7

¶29

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

¶30

W.P(MD)No.17581 of 2025

¶31

benefits arising out of the said Settlement. It is brought to the notice of this Court that a similar issue has already been decided by this Court in W.P.(MD) No.27525

¶32

of 2022 and batch, by order dated 21.12.2022, wherein this Court held as under:

¶33

6. A perusal of the above decision and the Settlement made under

¶34

Section 12(3) of ID Act, makes it clear that, as on 01.09.2016, the permanent employees of the Transport Corporation are entitled to a revision of the scale of

¶35

4/7

¶36

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

¶37

W.P(MD)No.17581 of 2025

¶38

pay in accordance with the said Settlement. The benefits arising from such revision have already been granted by this Court in W.P.(MD) No.27525 of 2022 and batch, by order dated 21.12.2022. Therefore, by applying the ration laid down in the aforesaid decision, this Court directs the respondent to extend the benefit to the petitioner.

¶39

7. In the result, the writ petition stands allowed and the impugned order dated 19.03.2019, is hereby set aside. There shall be a direction to the respondent to implement the revised pay as per the Settlement under Section 12(3) of the Industrial Disputes Act, 1947, to the petitioner with interest. Such exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

¶40

25.08.2025 NCC : Yes / No 2/5 Index : Yes / No Internet : Yes PKN

¶41

5/7

¶42

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

¶43

W.P(MD)No.17581 of 2025

¶44

To

¶45

The General Manager, Tamilnadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Trichy.