L. Puvanesh and Others Vs. The Tamilnadu State Transport, Corporation (Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam and Other

L. Puvanesh and Others vs The Tamilnadu State Transport, Corporation (Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam and Other

Type Court Judgment Court Chennai Madurai Decided Jan 05, 2017

~2 min read

https://sooperkanoon.com/case/1186149

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1186149
Court: Chennai Madurai High Court
Judge: S. Vaidyanathan
Decided On: Jan 05, 2017
Case Number: W.P(MD)No. 161, 162 & 163 of 2017
Subject: Labour and Industrial

Case Summary

AI-generated summary - not the official court judgment text.

Labour and Industrial

Key legal issue: Labour and Industrial

Parties & Advocates

Appellant / Petitioner

L. Puvanesh and Others

Respondent

The Tamilnadu State Transport, Corporation (Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam and Other

Excerpt

(prayer:writ petition filed under article 226 of the constitution of india, praying for the issuance of writ of mandamus directing the respondents to pay the entire eligible terminal benefits payable to the petitioner including gratuity and terminal leave salary together with interest at the rate of 18% per annum from the date of his retirement to till the date of payment within the time stipulated by this honourable court.) 1. the petitioner was employed as senior conductor in the respondent corporation and he retired from service on 30.04.2015 on attaining the age of superannuation. 2. he has filed this writ petition seeking for a direction to the respondent to pay the retirement benefits. 3. the first bench of this court in similar matter has passed an order dated 12.06.2015 in w.a.(md) nos.383 to 457 of 2015, issuing direction to the transport corporations to settle the terminal benefits of its employees in equal monthly instalments and to pay 6% interest on the terminal benefits payable to the workman. the bench has also held that workman is entitled to 18% interest for the defaulted period of instalment. 4. in these circumstances, this writ petition is disposed of with the following directions:- i) a direction is issued to the transport corporation to settle the terminal benefits of the petitioner that are yet to be settled, in twelve equal monthly instalments; ii) the first installment shall commence by making payment on or before the 10th march 2017 and the amount in each of the remaining instalments shall be paid on or before 10th of every succeeding month; iii) the said terminal amount shall carry interest @ 6% per annum, as per the division bench judgment referred to above. in case of delay in making instalments, the interest payable could be 18% for the delayed period; iv) the aforesaid direction to settle the terminal benefits would not preclude the workman to question the computation of any of the terminal benefits, if the same is paid lesser than the.....

Full Judgment

(Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the respondents to pay the entire eligible terminal benefits payable to the petitioner including Gratuity and Terminal Leave Salary together with interest at the rate of 18% per annum from the date of his retirement to till the date of payment within the time stipulated by this Honourable Court.)

1. The petitioner was employed as Senior Conductor in the respondent Corporation and he retired from service on 30.04.2015 on attaining the age of superannuation.

2. He has filed this writ petition seeking for a direction to the respondent to pay the retirement benefits.

3. The First Bench of this Court in similar matter has passed an order dated 12.06.2015 in W.A.(MD) Nos.383 to 457 of 2015, issuing direction to the transport Corporations to settle the terminal benefits of its employees in equal monthly instalments and to pay 6% interest on the terminal benefits payable to the workman. The Bench has also held that workman is entitled to 18% interest for the defaulted period of instalment.

4. In these circumstances, this writ petition is disposed of with the following directions:-

i) A direction is issued to the transport corporation to settle the terminal benefits of the petitioner that are yet to be settled, in twelve equal monthly instalments;

ii) The first installment shall commence by making payment on or before the 10^th March 2017 and the amount in each of the remaining instalments shall be paid on or before 10^th of every succeeding month;

iii) The said terminal amount shall carry interest @ 6% per annum, as per the Division Bench judgment referred to above. In case of delay in making instalments, the interest payable could be 18% for the delayed period;

iv) The aforesaid direction to settle the terminal benefits would not preclude the workman to question the computation of any of the terminal benefits, if the same is paid lesser than the amount to which, he is entitled to receive. Likewise, if the petitioner has any grievance that he is entitled to interest for the amount already settled, he can agitate the same as per law, if he is entitled. No costs.

Same Court & Year Chennai Madurai · 2017 Same Parties L. Puvanesh and Others vs The Tamilnadu State Transport, Corp... Same Subject Labour and Industrial Same Judge S. Vaidyanathan