IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.09.2017 CORAM THE HONOURABLE MR. JUSTICE V.PARTHIBAN W.P.No.23858 of 2004 and W.P.M.P.No. 28927 of 2004
1. Tamil Nadu Arasu Pokkuvarathu Kalazhagakalin retired Employees Progressive Welfare Union, Reg.No.84/2004, rep. by its General Secretary, No.80, O Block, Ganapathy Colony, Anna Nagar East, Chenai-600 102.
2. M.Rathnavelu 3.G.Selvaraj 4.C.Vasu 5.K.Balu 6.V.K.Natarajan 7.P.Raju 8.S.Arumugam 9.T.M.Ammasai 10.R.Phillips 11.R.Murugan 12.M.Ganapathy 13.A.N.Abdul Rahiman .. Petitioners Vs.
1. The Government of Tamil Nadu, rep. by its Special Commissioner and Secretary to Government, Transport Department, Fort St. George, Chennai-600 009.
2. The Tamil Nadu State Transport Corporations, Employees Pension Fund Trust, rep. by its Chairman, ''Tiruvallurvar Illam'' Pallavan Salai, Chennai-600 002.
3. The Managing Director, Metropolitan Transport Corporation Ltd., Pallavan House, Anna Salai, Chennai-600 002.
4. The Managing Director, Tamil Nadu State Transport Corporation, (Coimbatore Division -I) Ltd, No.37, Mettupalayam Road, Coimbatore -641 043.
5. The Managing Director, Tamil Nadu State Transport Corporation, (Coimbatore Division -II) Ltd., Sennimalai Road, Erode-638 001.
6. The Managing director, Sate Express Transport Corporation, Tiruvalluvar House, Pallavan salai, Chennai-600 002. .. Respondents Petition filed under Article 226 of The Constitution of India praying for issuance of a writ of mandamus, to direct the respondents to pay pension to the petitioners 2 to 13, who have retired from service after 01.04.2003 as per the Tamil Nadu State Transport Corporation Employees' Pension Fund Rules framed pursuant to Clause 18 and 19 of the settlement dated 13.02.1999 entered under Section 12(3) of the Industrial Disputes Act, 1947 alongwith interest at the rate of 18% per annum and further direct to continue to pay pension to the petitioners 2 to 13 as per the Tamil Nadu state Transport Corporation Employees Pension Fund Rules.
For Petitioners .. Mr.Balan Haridas For Respondents .. Mr.T.M.Pappiah, Spl G.P. for R1 Mr.Sairaman for RR4 & 5 Mr.L.G.Sahadevan for R6 ORDER The petitioners have approached this Court seeking for the following relief:
''To issue a writ of mandamus, to direct the respondents to pay pension to the petitioners 2 to 13, who have retired from service after 01.04.2003 as per the Tamil Nadu State Transport Corporation Employees' Pension Fund Rules framed pursuant to Clause 18 and 19 of the settlement dated 13.02.1999 entered under Section 12(3) of the Industrial Disputes Act, 1947 alongwith interest at the rate of 18% per annum and further direct to continue to pay pension to the petitioners 2 to 13 as per the Tamil Nadu state Transport Corporation Employees Pension Fund Rules''.
2. The issue involved in the writ petition is with regard to the payment of pension to the employees of the State Transport Corporation, who have retired after 01.04.2003, in terms of settlement entered into between the Corporation and employees under Section 12(3) of the Industrial disputes Act, 1947.
2.When the matter is posted ''for orders'' today, it is represented by the learned counsel for the respondents 4 to 6 that the amount has been sanctioned and the same has also been paid.
3.In view of the above submission, nothing remains for adjudication in this writ petition and therefore, the same stands closed. No costs. Consequently connected miscellaneous petition is closed.
12.09.2017 Index:Yes/No dn To
1. The Government of Tamil Nadu, rep. by its Special Commissioner and Secretary to Government, Transport Department, Fort St. George, Chennai-600 009.
2. The Tamil Nadu State Transport Corporations, Employees Pension Fund Trust, rep. by its Chairman, ''Tiruvallurvar Illam'' Pallavan Salai, Chennai-600 002.
3. The Managing Director, Metropolitan Transport Corporation Ltd., Pallavan House, Anna Salai, Chennai-600 002.
4. The Managing Director, Tamil Nadu State Transport Corporation, (Coimbatore Division -I) Ltd, No.37, Mettupalayam Road, Coimbatore -641 043.
5. The Managing Director, Tamil Nadu State Transport Corporation, (Coimbatore Division -II) Ltd., Sennimalai Road, Erode-638 001.
6. The Managing director, Sate Express Transport Corporation, Tiruvalluvar House, Pallavan salai, Chennai-600 002.
V.PARTHIBAN, J.
dn W.P.No.23858 of 2004 12.09.2017