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R. Krishnan Vs. Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Rep. by its Managing Director, Kumbakonam and Others - Court Judgment

SooperKanoon Citation

Court

Chennai Madurai High Court

Decided On

Case Number

W.P(MD)No. 167 of 2017

Judge

Appellant

R. Krishnan

Respondent

Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Rep. by its Managing Director, Kumbakonam and Others

Excerpt:


.....and all other attendant benefits payable from 1.5.2014 to till date together with interest at the rate of 18% per annum based on the said settlement. 2. learned counsels for the respondents submitted that the respondents would dispose of the representation of the petitioner dated 2.11.2016 within a time frame. 3. recording the above submissions, this writ petition is disposed of directing the respondents to consider the representation of the petitioner dated 2.11.2016, in the light of the terms of settlement dated 13.04.2015 entered under section 12(3) of industrial disputes act, 1947, and to pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. no costs.

Judgment:


(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to revise the petitioner's pay for the period from 01.09.2013 to 30.4.2014 based on the terms of settlement dated 13.04.2015 entered under Section 12(3) of Industrial Disputes Act, 1947 by giving pay revision at the rate of 5.5% and by granting 3rd review benefit and further directing the respondents to pay him the difference amount in his salary for the period from 01.09.2013 to 30.4.2014 and to pay difference in his retirement benefits including monthly pension, gratuity, leave salary, commuted value of pension and all other attendant benefits payable from 1.5.2014 to till date together with interest at the rate of 18% per annum based on the said settlement.)

1. The petitioner was employed as a Junior Assistant . He retired from service on 30.4.2014. His grievance is that he is entitled to revision of scale of pay in terms of the settlement entered into under Section 12(3) of the Industrial Disputes Act, 1947. Since his pay was not revised, he made a representation dated 2.11.2016 therefor and that the same has not been considered. Therefore, this writ petition has been filed for issuance of a Writ of Mandamus,directing the respondents to revise the petitioner's pay for the period from 01.09.2013 to 30.4.2014 based on the terms of settlement dated 13.04.2015 entered under Section 12(3) of Industrial Disputes Act, 1947 by giving pay revision at the rate of 5.5% and by granting 3rd review benefit and further directing the respondents to pay him the difference amount in his salary for the period from 01.09.2013 to 30.4.2014 and to pay difference in his retirement benefits including monthly pension, gratuity, leave salary, commuted value of pension and all other attendant benefits payable from 1.5.2014 to till date together with interest at the rate of 18% per annum based on the said settlement.

2. Learned counsels for the respondents submitted that the respondents would dispose of the representation of the petitioner dated 2.11.2016 within a time frame.

3. Recording the above submissions, this Writ Petition is disposed of directing the respondents to consider the representation of the petitioner dated 2.11.2016, in the light of the terms of settlement dated 13.04.2015 entered under Section 12(3) of Industrial Disputes Act, 1947, and to pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs.




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