Madras High Court
WP(MD)/29688/2026 of Lathakumary R Vs The Management of Tamil Nadu on 14 October 2026
WP(MD) No. 29688 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14-10-2026
CORAM
THE HON'BLE MR JUSTICE B.PUGALENDHI
WP(MD) No. 29688 of 2026
CNR:{HCMD011465632026}
Lathakumary R
W/o. C. Muthu,
No.5/79, Boothathan Kovil Street,
Thovalai Post,
Kanniyakumari District.
..Petitioner(s)
Vs
The Management of Tamil Nadu State Transport Corporation (Thirunelveli) Limited Nagercoil Region, Represented by its General Manager, Nagercoil.
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to revise/re-fix the scale of pay of the deceased husband of the petitioner/retired employee (Late) C. Muthu, Staff No.T2D890021 w.e.f.
01.09.23 to till his death, based on the wage settlement dated 29.05.25
and consequently to pay her the difference/arrears of wages and terminal benefits namely Gratuity and Encashment of Leave, after revising the same based on such re-fixed scale of pay payable to him on the month of his death, together with 18 percent interest per annum, within a time frame as may be fixed by this Court.
For Petitioner(s):
Mr.S.Arunachalam
Advocate
WP(MD) No. 29688 of 2026
For Respondent(s):
Mr.P.F.Ferlin Castro,
Standing Counsel
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ORDER
The petitioner’s husband, namely, C.Muthu, worked as a Driver in the respondent Transport Corporation and he died on 08.11.2024 while in service. According to the petitioner, while her husband was in service, the 15th tripartite wage settlement was to be arrived at, but, there was delay in arriving at the settlement. However, the 15th tripartite wage settlement under Section 12(3) of the Industrial Disputes Act was entered into between the Management and Trade Unions on 29.05.2025. As per Clause 1 of the terms of settlement, the Management has agreed to revise the wages of the employees who were in service as on 01.09.2023 by revising the pay by 6% of the earlier wages, with effect from 01.09.2023 notionally and monetary benefits with effect from 01.09.2024.
2. Admittedly, the petitioner’s husband was in service as on 01.09.2023 and died while he was in service, on 08.11.2024 and therefore, the petitioner made a representation to the respondents seeking the benefits due to him as per the 15th wage settlement. Alleging inaction, she has filed this writ petition seeking a mandamus directing the
WP(MD) No. 29688 of 2026 respondents to revise her husband’s wages, based on the 15th wage settlement dated 29.05.2025 and to pay the benefits with interest.
3. Mr.P.F.Ferlin Castro, learned Standing Counsel takes notice for the respondent and submitted that as per Clause 37(b) of the settlement u/s.12(3) of the Act dated 29.05.2025, the Management is expected to revise the scale of pay from 01.09.2023 and to calculate the arrears of amount with effect from 01.09.2024 and pay the amount on four quarterly installments. According to him, they would calculate the difference of pay, if any, due to the petitioner’s husband and it would be paid within a reasonable time.
4. This Court paid it's anxious consideration to the rival submissions made on either side and perused the materials placed on record.
5. The 15th wage settlement under Section 12(3) of the Industrial Disputes Act was entered into between the Management and the Unions on 29.05.2025. As per Clause 1 of the terms of the settlement, the Management has agreed to revise the wages of the employees, who were in service as on 01.09.2023, by revising the pay by 6% of the earlier
WP(MD) No. 29688 of 2026 wages. Therefore, the monetary benefits would be paid with effect from 01.09.2024 and the arrears if any, would be settled in four quarterly installments.
6. Clause 37(b) of the settlement dated 29.05.2025 reads as under:- “M) ,e;j xg;ge;jj;jpd; K:ykhd gzg;gad; epYitj; bjhif 01.09.2024 Kjy ; fzf;fplg;gl;L 4 jtizfshf fhyhz;LnjhWk; tHq;fg;gLk;.”
7. The petitioner’s husband was in service as a permanent employee of the Transport Corporation as on 01.09.2023 and therefore, he is entitled for the benefits as per this 15th wage settlement. The petitioner’s husband died, while he was in service on 08.11.2024 and he was paid with the retirement benefits as per the earlier wage settlement. The 15th wage settlement provides revision of scale of pay by 6% on the basic pay, for those who were in service as on 01.09.2023, however monetary benefits with effect from 01.09.2024. Therefore, the petitioner’s husband is entitled for the monetary benefits, pursuant to the revision of scale of pay from 01.09.2024 and the consequential retirement benefits.
WP(MD) No. 29688 of 2026
8. Admittedly, such a revision has not been made till date. Any belated settlement of monetary benefits due to an employee needs to be settled with interest at the rate of 6% per annum. Therefore, this writ petition stands allowed with a direction to the respondent Transport Corporation to revise the pay scale of the petitioner’s husband with effect from 01.09.2023 and provide the monetary benefits with effect from 01.09.2024, as per the 15th wage settlement dated 29.05.2025 and settle the benefits along with arrears to the petitioner within a period of six months from the date of receipt of a copy of this order, with interest @ 6% per annum. The interest shall be calculated for the period beyond Clause 37(b) of the settlement dated 29.05.2025 till the date of actual payment. There shall be no order as to costs. 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ogy To The General Manager, Tamil Nadu State Transport Corporation (Thirunelveli) Ltd. Nagercoil Region, Nagercoil.
WP(MD) No. 29688 of 2026 B.PUGALENDHI, J. ogy WP(MD) No. 29688 of 2026 14-10-2026