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2025 DAILYLAW 221240 (MAD)

A.UDAYAKUMAR v. THE MANAGING DIRECTOR

WP/46417/2025 · 2025-12-01

M Dhandapani

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.46417 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.12.2025 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.46417 of 2025 A.Udayakumar ... Petitioner Vs. 1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, 3/137, Salamedu, Villupuram-605 602. 2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vellore Region, Rangapuram, Vellore-632 009. ....Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to revise the petitioner’s wages with effect from 01.09.2013 based on the 12th wage settlement dated 13.04.2015 and pay him the arrears of wages payable from 01.09.2013 to 31.03.2015, difference in earned leave salary and gratuity along with the interest at the rate of 12% per annum from the date of entitlement till the date of actual disbursement within a time limit to be stipulated by this Court. _________ p. 2 W.P.No.46417 of 2025 For Petitioner : Mr.J.Lakshmi Narayanan For Respondents : Ms.Pavithra O R D E R This writ petition has been filed to direct the respondents to revise the petitioner’s wages with effect from 01.09.2013 based on 12th wage settlement dated 13.04.2015 and pay him the arrears of wages payable from 01.09.2013 to 31.03.2015, difference in earned leave salary and gratuity along with the interest at the rate of 12% per annum from the date of entitlement till the date of actual disbursement within a time limit stipulated by this Court. 2. The petitioner was working as Special Grade Driver in the respondents Corporation and was retired from service on 31.03.2015. While so, 12th Tripartite Wage Settlement under Section 12(3) of the Industrial Dispute Act was entered into between the Management and the Trade Unions and the same was signed on 13.04.2015. As per the settlement, the Management agreed to revise the wages of the employees who are in service _________ p. 3 W.P.No.46417 of 2025 as on 01.09.2013 by revising the pay. Since the petitioner had retired from service only on 31.03.2015, he is also covered under the said 12th wage settlement and accordingly, his wage is also required to be revised based on 12th wage settlement dated 13.04.2015. The respondents settled the retirement benefits based on the pre-revised wages, in favour of the petitioner. The petitioner, therefore, submitted a detailed representation dated 30.05.2024 to the respondents seeking revision of his wages and consequential retirement benefits based on 12th wage settlement dated 13.04.2015. Since the same was not considered, the present writ petition has been filed. 3. The learned counsel appearing for the petitioner would submit that it would suffice, if the respondents are directed to dispose of the representation of the petitioner dated 30.05.2024 on merits and in accordance with law, within a specified period. 4. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. _________ p. 4 W.P.No.46417 of 2025 5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the respondents to consider the representation of the petitioner, dated 30.05.2024, based on 12th wage settlement dated 13.04.2015 and 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. 6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. 01.12.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb _________ p. 5 W.P.No.46417 of 2025 To 1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, 3/137, Salamedu, Villupuram-605 602. 2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Vellore Region, Rangapuram, Vellore-632 009. _________ p. 6 W.P.No.46417 of 2025 M.DHANDAPANI, J. ssb W.P.No.46417 of 2025 01.12.2025 _________