S.Vinayagam Vs the Managing Director

This writ petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents to revise the pay scale of difference in basic pay, Earning Leave , Dearness Allowance, Gratuity and pension benefits as per 15th wage settlement in reference No. C1/ 20334/ 2023 dated 29.05.2025 along with 12 % interest to petitioners.

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For Petitioner(s): Mr.S.Sakthivel For Respondent(s): Mr. S. Pavithra, Standing Counsel

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ORDER

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The writ petition has been filed seeking a direction to the respondents to

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pay the petitioners difference in basic pay, earn leave, Dearness Allowance,

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Gratuity and pension arrears with 12% interest as per 15^th Wage Settlement dated 29.05.2025.

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It is the case of the petitioners that he had joined the services of the

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first respondent-Corporation as Driver, Conductor, Checking Inspector,

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Page2 of 6

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

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WP No. 15561 of 2026

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Tradesman from the year 1989 to 1998 and petitioners 1 to 6 had retired from service on 31.05.2024, petitioners 7 to 9 retired on 31.03.2024, 10^th petitioner retired on 31.01.2024 on attaining the age of superannuation. The petitioners would submit that 15^th Wage Settlement was entered into under Section 12(3) of the Industrial Disputes Act, 1947, on 29.05.2025, and the same was given retrospective effect from 01.09.2023.

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The contention of the petitioners is that they are is entitled to the revision of pay and consequential terminal benefits such as gratuity, encashment of leave salary with effect from 01.09.2023 respectively. However, the said benefits have not been extended to them and they were paid the terminal benefits based on the pre-revised pay and not as per the 15^th Wage settlement. Therefore, the petitioners had submitted representations on 22.01.2026, 23.01.2026 & 29.01.2026 to the respondents to pay the difference in leave salary, difference in gratuity and pension arrears with interest, but the same was not considered to date. Hence, the petitioners are before this Court, to espouse the said cause.

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4.Heard the learned counsel on either side and perused the materials available on records.

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Page3 of 6

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

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WP No. 15561 of 2026

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The stand of the petitioners cannot be disputed. In view of the 15^th

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Wage Settlement arrived at under Section 12(3) of the Industrial Disputes Act,

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1947, which entitles the employees of the Transport Corporation to revision of

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pay including gratuity and encashment of leave, the respondents are directed to pay the eligible difference in leave salary, difference in gratuity and pension arrears as per the said settlement dated 29.05.2025, along with interest at the rate of 6% per annum, and the same shall be computed from the date of the petitioners’ retirement till the date of payment. The amounts shall be paid to the petitioners within a period of six weeks from the date of receipt of a copy of this order.

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