Nchimuthu (Staff No 15731) Vs Tamil Nadu State Transport Corproation (Coimbatore) Limited

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus, directing the respondents to pay the petitioner the arrears of difference in Gratuity, arrears of difference in Earned Leave salary and arrears of difference in wages from 01.09.2023 to the date of his retirement as per the 12 (3) settlement as admitted by the respondent in their RTI reply, together with interest at the rate of 12 percent per annum, within a specified time as may be fixed by this Court.

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For Petitioner: Mr.Krishnasamy R. For Respondent: Mr.C.Gautamaraj Standing Counsel

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ORDER

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The Writ Petition has been filed seeking issuance of a Writ of Mandamus

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directing the respondents to pay the petitioner the arrears of difference in Gratuity, Earned Leave salary and wages from 01.09.2023 to the date of his retirement as per the 12 (3) settlement as admitted by the respondent in their

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

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WP No. 27385 of 2026

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RTI reply, together with interest at the rate of 12 percent per annum, within a specified time to be fixed by this Court.

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It is the case of the petitioner that he had joined the services of the respondent-Corporation as a Conductor on 16.02.1992 and had retired from service on 31.05.2025, on attaining the age of superannuation. The petitioner would submit that a settlement was entered into under Section 12(3) of the Industrial Disputes Act, 1947, on 29.05.2025.

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The contention of the petitioner is that he is entitled to the revision of pay and consequential terminal benefits. However, the said benefits have not been extended to him and he was paid the terminal benefits based on the pre-revised pay and not as per the said settlement. Therefore, the petitioner had submitted a representation on 16.06.2025 to the respondent to pay the differential amount in gratuity, earned leave salary and wages/salary as per 12(3) Settlement along with interest at the rate of 12% per annum, but the same was not considered till date. Hence, the petitioner is before this Court, to espouse the said cause.

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

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

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WP No. 27385 of 2026

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The stand of the petitioner cannot be disputed. In view of the Settlement arrived at under Section 12(3) of the Industrial Disputes Act, 1947,

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which entitles the employees of the Transport Corporation to revision of pay including gratuity and encashment of leave, the respondent is directed to pay the eligible differential amount in gratuity, earned leave salary and wages/salary as per the said Settlement along with admissible interest. The amounts shall be paid to the petitioner within a period of six (6) weeks from the date of receipt of a copy of this order.

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