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N. Rajendran v/s The Management of Tamil Nadu State Transport Corporation (Villupuram) Limited, Represented by its Managing Director & Another


Company & Directors' Information:- TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURAM) LIMITED [Active] CIN = U60220TN1975SGC006829

Company & Directors' Information:- TRANSPORT CORPORATION OF INDIA LIMITED [Active] CIN = L70109TG1995PLC019116

Company & Directors' Information:- S. M. MANAGEMENT PRIVATE LIMITED [Active] CIN = U74140AS2005PTC007642

Company & Directors' Information:- A S TRANSPORT PRIVATE LIMITED [Active] CIN = U60222TN1981PTC008886

Company & Directors' Information:- B K B TRANSPORT PRIVATE LIMITED [Active] CIN = U50300JH1990PTC004226

Company & Directors' Information:- C & K MANAGEMENT LIMITED [Active] CIN = U91990TG2000PLC033293

Company & Directors' Information:- M Y TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U63090UP2002PTC026917

Company & Directors' Information:- V K TRANSPORT PRIVATE LIMITED [Active] CIN = U22219GJ1997PTC032421

Company & Directors' Information:- S M MANAGEMENT PVT LTD [Not available for efiling] CIN = U74140WB1992PTC002848

Company & Directors' Information:- S M MANAGEMENT PVT LTD [Not available for efiling] CIN = U74140WB1992PTC057260

Company & Directors' Information:- G S TRANSPORT PVT LTD [Active] CIN = U63090WB1989PTC047780

Company & Directors' Information:- G B TRANSPORT (INDIA) PVT LTD [Active] CIN = U63090WB1979PTC032170

Company & Directors' Information:- V A TRANSPORT PRIVATE LIMITED [Active] CIN = U45202WB1996PTC081673

Company & Directors' Information:- H R T TRANSPORT COMPANY PRIVATE LIMITED [Strike Off] CIN = U63031DL1999PTC102593

Company & Directors' Information:- G M TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60100MH1994PTC076183

Company & Directors' Information:- G L TRANSPORT PRIVATE LIMITED [Active] CIN = U60200CH2010PTC032269

Company & Directors' Information:- R AND P TRANSPORT CO. PVT LTD [Active] CIN = U60231OR2006PTC027280

Company & Directors' Information:- R AND P TRANSPORT CO. PVT LTD [Active] CIN = U60231DL2006PTC149707

Company & Directors' Information:- V. N. TRANSPORT PRIVATE LIMITED [Active] CIN = U63090DL2004PTC125632

Company & Directors' Information:- C AND M TRANSPORT P LTD [Active] CIN = U60300MH1994PTC078458

Company & Directors' Information:- G R C TRANSPORT COMPANY PVT LTD [Strike Off] CIN = U63090WB1988PTC044164

Company & Directors' Information:- E C TRANSPORT LTD [Active] CIN = U63090WB1987PLC043252

Company & Directors' Information:- D G R TRANSPORT PRIVATE LIMITED [Active] CIN = U60231TZ2010PTC016521

Company & Directors' Information:- P T TRANSPORT PVT LTD [Strike Off] CIN = U63090WB1989PTC046423

Company & Directors' Information:- TRANSPORT INDIA PRIVATE LIMITED [Strike Off] CIN = U60230OR2007PTC009590

Company & Directors' Information:- C R TRANSPORT COMPANY PRIVATE LIMITED [Strike Off] CIN = U63090DL2002PTC115826

Company & Directors' Information:- A P M TRANSPORT COMPANY LIMITED [Strike Off] CIN = U60231KL1998PLC012555

Company & Directors' Information:- T. G. TRANSPORT PRIVATE LIMITED [Active] CIN = U02710CT2004PTC017051

Company & Directors' Information:- J. T. TRANSPORT PRIVATE LIMITED [Active] CIN = U63031WB2007PTC112457

Company & Directors' Information:- R S R TRANSPORT PRIVATE LIMITED [Active] CIN = U60210TZ1961PTC000392

Company & Directors' Information:- A & A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63010TN2008PTC070171

Company & Directors' Information:- S P TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059085

Company & Directors' Information:- W P MANAGEMENT INDIA PRIVATE LIMITED [Active] CIN = U40100TG2016PTC112006

Company & Directors' Information:- A B TRANSPORT PRIVATE LIMITED [Active] CIN = U60221RJ2000PTC016701

Company & Directors' Information:- S R MANAGEMENT PRIVATE LIMITED [Active] CIN = U74140MH2000PTC129839

Company & Directors' Information:- G. G. TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210AS2008PTC008576

Company & Directors' Information:- A P K TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60221TN2005PTC058057

Company & Directors' Information:- S P S TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090WB1997PTC085564

Company & Directors' Information:- TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60210TN1938PTC003051

Company & Directors' Information:- Y H MANAGEMENT INDIA PRIVATE LIMITED [Strike Off] CIN = U93030MH2012PTC238901

Company & Directors' Information:- A G L TRANSPORT PRIVATE LIMITED [Active] CIN = U63090TN2005PTC056306

Company & Directors' Information:- V M G MANAGEMENT PRIVATE LIMITED [Strike Off] CIN = U74140WB2011PTC160061

Company & Directors' Information:- W M TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60210DL2001PTC113547

Company & Directors' Information:- B V M TRANSPORT CO. PRIVATE LIMITED [Strike Off] CIN = U00739KA1998PTC024103

Company & Directors' Information:- A O TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U99999MH1960PTC011783

Company & Directors' Information:- M B MANAGEMENT PVT LTD [Strike Off] CIN = U99999MH1981PTC025914

Company & Directors' Information:- M R TRANSPORT COMPANY PVT LTD [Strike Off] CIN = U63090WB1987PTC042118

Company & Directors' Information:- P P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090DL2003PTC119167

Company & Directors' Information:- D D J TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210PB1996PTC019190

Company & Directors' Information:- M M TRANSPORT PVT LTD [Strike Off] CIN = U60231PB1979PTC004031

Company & Directors' Information:- J P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60231PB1997PTC019652

Company & Directors' Information:- N P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090OR2012PTC015128

Company & Directors' Information:- A N G TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60300MH2013PTC246013

Company & Directors' Information:- L M A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090MH2002PTC135727

Company & Directors' Information:- K. G. N. TRANSPORT PRIVATE LIMITED [Active] CIN = U74999MH2017PTC301073

Company & Directors' Information:- W P MANAGEMENT INDIA PRIVATE LIMITED [Active] CIN = U45201TG2016PTC112006

Company & Directors' Information:- B S TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63040TG2015PTC097190

Company & Directors' Information:- K AND A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60200HP2010PTC031455

Company & Directors' Information:- K. C. TRANSPORT PRIVATE LIMITED [Active] CIN = U63030JK2017PTC009897

Company & Directors' Information:- S N TRANSPORT PRIVATE LIMITED [Under Process of Striking Off] CIN = U60200DL2014PTC264029

Company & Directors' Information:- I & J MANAGEMENT PRIVATE LIMITED [Active] CIN = U93000DL2016PTC292375

Company & Directors' Information:- R J TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U63010DL2013PTC248305

Company & Directors' Information:- D C TRANSPORT MANAGEMENT PRIVATE LIMITED [Active] CIN = U63040DL2005PTC133484

Company & Directors' Information:- S. K. T. TRANSPORT INDIA PRIVATE LIMITED [Strike Off] CIN = U60230MP2012PTC028886

Company & Directors' Information:- H AND S MANAGEMENT PRIVATE LIMITED [Active] CIN = U74140KL2005PTC018253

Company & Directors' Information:- D C V TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210TZ1960PTC000375

Company & Directors' Information:- P V E TRANSPORT PRIVATE LIMITED [Active] CIN = U60210TN1961PTC004682

Company & Directors' Information:- M A S MANAGEMENT PRIVATE LIMITED [Strike Off] CIN = U74999DL1987PTC029434

Company & Directors' Information:- THE TRANSPORT COMPANY LIMITED [Dissolved] CIN = U99999MH1940PLC010301

Company & Directors' Information:- L AND T (MANAGEMENT) LIMITED [Dissolved] CIN = U99999MH1946PTC004765

    W.P.(MD). No. 18983 of 2020

    Decided On, 22 December 2020

    At, Before the Madurai Bench of Madras High Court

    By, THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY

    For the Petitioner: A. Rahul, Advocate. For the Respondents: J. Senthilkumaraiah, Standing Counsel.



Judgment Text

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of the 2nd respondent passed in Ka.No.152/L5/TNSTC(Vi)/Ka.ma/MACD/2020, dated 10.09.2020, quash the same insofar as not fixing any time limit for payment of difference in gratuity, based on the wage revision given under settlement under Section 12(3) of ID Act dated 04.01.2018 and consequently directing the respondents to calculate and pay the difference in gratuity of Rs.2,22,552/- as per wage revision settlement dated 04.01.2018 within the time limit that may be fixed by this Court, together with interest at the rate of 18% per annum payable from the date of his retirement ie. on 30.04.2017 to till the date on which the above amount is disbursed to him.)1. This Writ Petition is filed to quash the impugned order passed by the 2nd respondent in Ka.No.152/L5/TNSTC(Vi)/Ka.ma/MACD/2020, dated 10.09.2020 and to direct the respondents to calculate and pay the difference in gratuity of Rs.2,22,552/-, as per wage revision settlement dated 04.01.2018 together with interest at the rate of 18% per annum to the petitioner payable from the date of his retirement ie. on 30.04.2017 to till the date on which the aforesaid amount is disbursed to him.2. By consent of both parties, the writ petition is taken up for final disposal.3. This writ petition has been filed against the order passed by the second respondent in Ka.No.151/L5/TNSTC(Vi)/Ka.ma/MACD/2020, dated 13.07.2020 and quash the same and consequently direct the respondents to calculate and pay the difference in gratuity and difference in earned leave salary as per wage revision settlement dated 04.01.2018, within the time limit that may be fixed by this Court, together with interest at the rate of 18% per annum payable from the date of his retirement i.e. on 30.04.2017 to till the date on which the above amounts are settled to him.4. According to the petitioner, on 01.01.1983, he joined duty in the respondent Corporation as Conductor. Subsequently, he was promoted to the post of Checking Inspector and on attaining the age of superannuation, he was retired from service on 30.04.2017. The service condition of Workmen of Transport Corporation is governed by settlements signed under Section 12(3) of the I.D. Act.5. The main grievance of the petitioner is that he has not been paid with difference in gratuity, for which, he was constrained to approach this Court by way of filing W.P.(MD).No.2670 of 2020. This Court, by order dated 12.02.2020, directed the respondents viz., the Managing Director and the Administrator of Pension Trust to consider the representation of the petitioner, dated 18.12.2019, on merits and in accordance with law. After the receipt of the order of this Court dated 10.02.2020, the 2nd respondent has passed the impugned order dated 10.09.2020, by which, the representation of the petitioner was rejected stating that the difference in gratuity will be paid depending upon the availability of funds. Therefore, challenging the above said impugned order, the petitioner has approached this Court for appropriate relief.6. The learned counsel appearing for the petitioner would submit that non-availability of the funds cannot be a ground for the disbursement of the difference in payment of gratuity and other benefits.7. The learned Standing Counsel appearing for the respondents would submit that the amount will be paid shortly.8. Heard the learned counsel appearing for the petitioner as well as the learned Standing Counsel appearing for the respondents and perused the materials available on record.9. In the present case, the 2nd respondent has disposed of the representation of the petitioner stating that the difference amount in gratuity and other benefits will be paid depending upon the availability of funds. The petitioner is not asking any loan from the respondent Corporation. But he is entitled to the retirement benefits as he has already invested the same for his future needs, when he was working in the Corporation. Therefore, it is a property of the employee and that the second respondent is not proper to refer the financial position of the Corporation and thereby denied the petitioner's retirement benefits, which he is entitled to legally. The reply of the respondents would show the financial incapacity of the respondents to disburse the retirement benefits and the poor management of the financial affairs of the respondents. To set right

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the poor financial Management, it is for the Management to take appropriate action against those who are in the Financial Department which they were not able to manage the financial affairs in a proper manner. Therefore, this Court directs the second respondent to pay the difference in gratuity and other benefits with the available funds first, within a period of three weeks from the date of receipt of a copy of this order.10. With the above direction, this Writ Petition stands disposed of. No costs.
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