WP/20692/2022 of M.K.Rajendran Vs The Government of Tamil Nadu on 9 October 2026

COMMON ORDER

These Writ Petitions have been filed by the petitioners for the issuance of a Writ of Mandamus, directing the respondents 1 to 4 herein to sanction the difference amount in respect of retirement benefits such as Gratuity, Earned Leave, Provident Fund, Commutation of Pension and all other retirement and pension benefits as per the clause of 5 of Wage Settlement as per Section 12(3) of the Industrial Disputes Act, 1947 dated 04.01.2018 eligible to the petitioner along with 18 percent interest per annum.

2. The learned counsel for the petitioners submitted that since the petitioners retired on 28.02.2015 and 31.03.2015, respectively, they are entitled to the differential terminal benefits and other allowances as per the Section 12(3) settlement dated 04.01.2018 under the Industrial Disputes Act, 1947.

WP No. 20692 of 2022

3. The said contention was totally objected by the learned standing counsel appearing for the 4th respondent and contended that the benefits provided under Clause 5 have already been revised and paid to the petitioners. It was further contended that 12(3) settlement under the Industrial Disputes Act, 1947 dated 04.01.2018 is applicable only to those employees who were in service as on 01.09.2016, whereas the petitioners superannuated on 28.02.2015 and 31.03.2015. Therefore the learned standing counsel submitted that they are not entitled to any differential benefits under the said settlement.

4. I have given my anxious consideration to either side submissions.

5. While looking into the prayer of the petitioner, the petitioners are seeking differential retirement benefits such as gratuity, earned leave, commutation of pension and all other retirement and pension benefits as per Clause 5 of the Wage settlement. The said Clause 5 of Wage Settlement deals about the pay fixation of Security Supervisors, Drivers or Conductors in the grade pay of Rs.4300/- with effect from 01.09.2010, notionally. The learned counsel for respondents 2 and 3 submitted that the scheme has already been extended to the petitioners, which is stated in Para 5 of its counter. For ready reference, the same is extracted hereunder.

WP No. 20692 of 2022

“I humbly submit that the Metropolitan Transport Corporation vide its order 12542/SBC1/MTC/2019 dated 22.10.2019 has already revised the Grade pay of the petitioner herein at Rs.4300/- from 2600/- and the retirement benefits payable to the petitioner was also revised and being paid to the petitioner. Hence, the revised Grade pay, revised notional benefits and the retirement benefits has been already settled to the petitioner herein pursuant to the above mentioned settlement.

6. As per the above narration, the respondents have complied with the Clause 5 of the Section 12(3) settlement. In respect of other difference, namely earned leave and gratuity are concerned, as rightly contended by the learned standing counsel, the Section12(3) settlement would come into effect only for those employees who were in service as on 31.08.2016, whereas, in the case in hand, both petitioners were superannuated during 2015. Therefore, this Court is of the firm view that the application of such settlement in respect of other aspects does not arise.

7. Accordingly this Court does not find any merits in the present writ petition. Hence, both the Writ Petitions are dismissed. No costs. 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SHL

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To:

1. The Government of Tamil Nadu Rep. by its Secretary to Government, Transport Department, Fort St.George, Chennai-600 009.

2. The Managing Director The Metropolitan Transport Corporation (Chennai) Limited, Pallavan Illam, Mount Road, Pallavan Salai, Chennai 02

3. The General Manager The Metropolitan Transport Corporation (Chennai) Limited, Pallavan Illam, Mount Road, Pallavan Salai, Chennai 02

4. The Administrator Tamil Nadu State Transport corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai 02.

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C.KUMARAPPAN J. SHL WP No. 20692 of 2022 and WP No. 20694 of 2022 09-10-2026