M.Valli v. Tamilnadu State Transport

ORDER This Writ Petition has been filed for the following reliefs:-"directing the respondents to settle the arrears of salary of petitioners father from the date of his dismissal to the death of his death after deducting the wages already paid to him and to settle the entire terminal benefits and family pension from the date of his death together with interest at the rate of 12 percentage per annum within specified time limit." Brief Facts:-

¶2The petitioners are the legal heirs of Late Mr. C. Munirasu, who was employed as a Conductor in the respondent Transport Corporation. The petitioners' father joined the services of the respondent Corporation as a Conductor on 05.09.1999. Subsequently, he was dismissed from service on

24.08.2020. Thereafter, the respondent Corporation had filed Approval Petition in A.P. No.122 of 2020 before the Special Joint Commissioner of Labour, Page3 of 7 Chennai, seeking approval of the dismissal. The said Approval Petition was dismissed by the Competent Authority.

¶3The petitioners would submit that instead of reinstating the petitioners' father, the respondent Corporation had filed W.P. No.14714 of 2023 challenging the order passed by the Competent Authority. During the pendency of the writ petition, the petitioners' father had filed a petition under Section 17B of the Industrial Disputes Act, which was numbered as W.M.P. No.953 of 2024. This Court was pleased to allow the said petition. However, instead of paying the wages payable under Section 17B of the Industrial Disputes Act, the respondent Corporation reinstated the petitioners' father in service. Though he was assigned regular duties, he was paid only his last drawn wages.

¶4The petitioners would submit that as the arrears of wages payable under Section 17B were not paid, the petitioners' father had filed Contempt Petition No.636 of 2025. Thereafter, the respondent Corporation settled the arrears payable under Section 17B.

¶5The petitioners would submit that on 17.07.2025, this Court had disposed of W.P.No.14714 of 2023. Subsequently, the petitioners' father passed away, leaving behind the petitioners as his legal heirs. Page4 of 7 Thereafter, the petitioners had submitted a representation to the respondents requesting them to settle the applicable and eligible arrears of salary, terminal benefits, and family pension payable to them. Since the respondents have not settled any of the aforesaid amounts, the petitioners have filed the present Writ Petition seeking the relief stated supra.

¶6Heard the learned counsel on either side and perused the records.

¶7A perusal of the records reveals that the Approval Petition filed by the respondent Corporation seeking approval of the dismissal of the deceased employee, namely, Mr. C. Munirasu, the father of the petitioners, came to be dismissed by the competent Authority. Aggrieved by the said order, the respondent Corporation had filed W.P. No.14714 of 2023. When the writ petition was taken up for hearing on 17.07.2025, it was brought to the notice of this Court that the deceased employee had been reinstated into service and that the management had given up the charges levelled against him. Consequently, the writ petition was dismissed as infructuous. Thus, the respondent Corporation has acknowledged the status of the deceased, Mr. C. Munirasu, as its employee. Therefore, the petitioners, being the legal heirs of the deceased employee, are entitled to receive the applicable and eligible arrears of salary, terminal benefits, and family pension. Page5 of 7

¶8In view of the above, the respondents are directed to settle the aforesaid benefits in favour of the petitioners. The petitioners shall submit the Death Certificate of the deceased employee and the Legal Heirship Certificate before the respondents to establish that they are the legal heirs of the deceased, Mr. C.Munirasu. Upon submission of the said documents, the respondents shall verify the same and disburse the applicable and eligible arrears of salary, terminal benefits, and family pension to the petitioners, if they are otherwise eligible, within a period of twelve (12) weeks from the date of receipt of the said documents.

¶9Accordingly, this Writ Petition is disposed of. No costs. 10-07-2026 Index: Yes/No Speaking/Non-speaking order SHR To

¶1Tamilnadu State Transport Corporation (salem )Ltd Rep by its Managing Director 12, Ramakrishna Road, Salem-7

¶2The General Manager Tamilnadu state Transport corporation (salem)ltd Dharmapuri Region, Bharathipuram Salem Main Road, Dharmapuri -636 705

¶3The Administrator Tamilnadu state Transport corporation Employees pension fund Trust Thiruvalluvar Illam Pallavan salai, chennai-600 002 WPoNo.o26544oofo2026 P.T.ASHAoJ. SHR WPoNo.o26544oofo2026 10-07-2026 (1/2) Page6oofo7 Page7 of 7

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-07-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA 1. M.Valli 2. M.Antharasan 3. Arulselvi 4. M.Anitha ..Petitioner(s) Vs 1. Tamilnadu State Transport Corporation (salem )Ltd Rep by its Managing Director 12, Ramakrishna Road Salem-7 2. The General Manager Tamilnadu state Transport corporation (salem)ltd Dharmapuri Region Bharathipuram Salem Main Road Dharmapuri -636 705 3. The Administrator Tamilnadu state Transport corporation Employees pension fund Trust Thiruvalluvar Illam Pallavan salai chennai-600 002 ..Respondent(s) Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents to settle Page2 of 7 the arrears of salary of petitioners father from the date of his dismissal to the death of his death after deducting the wages already paid to him and to settle the entire terminal benefits and family pension from the date of his death together with interest at the rate of 12 percentage per annum within specified time limit. For Petitioner(s): Mr.Krishnasamy R. For Respondent(s): Mr.K.Raja, Standing Counsel for R1 & R2