Kumarasamy.P v. The Tamil Nadu State Transport Corporation (Kumbakonam) Limited

ORDER The present writ petition has been filed seeking direction to the respondents herein to revise the wages of the petitioner with effect from

01.09.2019 based on the 14th wage settlement, dated 24.08.2022 and to pay arrears of wages payable from 01.09.2019 to 30.04.2020, difference in Gratuity, difference in Leave Salary and arrears of pension from 01.05.2020 to

28.02.2023 along with the interest at the rate of 12% per annum from the date of wage settlement i.e., 24.08.2022 till the date of actual payment.

¶2By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

¶3The petitioner was appointed as Conductor in the respondent Corporation with effect from 12.01.1991. He retired on attaining the age of superannuation as Checking Inspector on 30.04.2020. The respondent Corporation settled his retirement benefits only on 02.06.2021. While so, the 14th tripartite wage settlement under Section 12 (3) of the Industrial Dispute Act was entered into between the Management and the Trade Unions and the settlement was signed on 24.08.2022. As per Clause 1 of the terms of settlement, the Management agreed to revise the wages of the employees those who are in service as on 01.09.2019 by revising the pay by 5% of the earlier wages. As the petitioner retired from service with effect from 30.04.2020, he is covered under the said 14th wage settlement and accordingly, his wages should also be revised based on the said Clause of settlement, dated 24.08.2022 with effect from 01.09.2019. The respondents paid the petitioner's retirement benefits, namely Gratuity, Leave Salary and Pension based on the pre-revised wages. Though the 4th respondent has revised the petitioner's pension from March 2023, based on the said wage revision, they have to pay the difference of pension from May 2020 to February 2023. The respondents 1 and 2 are yet to pay the difference in wages specifically from 01.09.2019 to 30.04.2020, difference in Gratuity and difference in Leave Salary. Hence, the petitioner submitted a representation to the respondents seeking for revision of his wages based on 14th wage settlement, dated 24.08.2022. However, there was no response. Hence, this writ petition came to be filed.

¶4It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. As such, non-consideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.

¶5This Court hereby direct the respondents to consider the representation made by the petitioner, dated 17.04.2023 and thereafter, revise the wages of the petitioner with effect from 01.09.2019 based on the 14th wage settlement, dated

24.08.2022 and pay the arrears of wages, difference in Gratuity, difference in Leave Salary and arrears of Pension to which he is entitled to along with interest at the rate of 6% per annum from the date of wage settlement (i.e.,)

24.08.2022 till the date of actual payment. The said exercise shall be completed within a period of sixteen (16) weeks from the date of receipt of a copy of this order.

¶6This Writ Petition stands disposed of, accordingly. There shall be no order as to costs.

24.08.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To

1.The Managing Director, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam.

2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam Region, Kumbakonam-612 001.

3.The Chief Finance Advisor, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Corporate Office, Kumbakonam-612 001.

¶4The Administrator, Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Thiruvalluvar House, Anna Salai, Chennai-600 002.

L.VICTORIA GOWRI, J.

BTR

24.08.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2023 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI P.Kumarasamy ... Petitioner Vs. 1.The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Represented by its Managing Director, Kumbakonam. 2.The General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam Region, Kumbakonam-612 001. 3.The Chief Finance Advisor, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Corporate Office, Kumbakonam-612 001. 4. The Administrator, Tamil Nadu State Transport Corporation Employees' Pension Fund Trust, Thiruvalluvar House, Anna Salai, Chennai-600 002. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to revise the wages of the petitioner with effect from 01.09.2019 based on the 14th wage settlement, dated 24.08.2022 and to pay arrears of wages payable from 01.09.2019 to 30.04.2020, difference in Gratuity, difference in Leave Salary and arrears of pension from 01.05.2020 to 28.02.2023 along with the interest at the rate of 12% per annum from the date of wage settlement i.e., 24.08.2022 till the date of actual payment. For Petitioner : Mr.D.Siva Raman For R-1 to R-3 : Mr.K.Ramaiah Standing Counsel For R-4 : Mr.S.C.Herold Singh Standing Counsel