A.Mohanasundaravadivel, vs Tamil Nadu State Transport C

WP(MD) No. 30521 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27-10-2026
CORAM
THE HON'BLE MR JUSTICE B.PUGALENDHI
WP(MD) No. 30521 of 2026
CNR:{HCMD011513872026}
A.Mohanasundaravadivel,
No. 263. Thattankulam Road,
Pudhunagar Palani,
Dindigul District-624 601
..Petitioner
Vs
1. Tamil Nadu State Transport Corporation Ltd,
Rep. by its Managing Director,
Coimbatore Division, No. 37. Mettupalayam
Road,
Coimbatore-641043.
2. The General Manager
Tamil Nadu State Transport Corporation Ltd,
Thiruppur Region, Kankeyam Road,
Thiruppur District-641 601
3. The Administrator
Tamil Nadu State Transport Corporation
Employees Pension Fund Trust,
Thiruvalluvar Illam,
Pallavan Salai,
Chennai-600 002
..Respondents
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WP(MD) No. 30521 of 2026
PRAYER: S-38. Writ Petition filed under Article 226 of the
Constitution of India, praying this Court to issue a Writ of
Mandamus, directing the respondents to settle the Terminal Benefits
amount payable to the petitioner such as difference in Gratuity,
Leave salary and Pension amount in terms of 12(3) Settlement dated
29.05.2025 and all other attendant benefits together with interest at
the rate of 12 percent per annum from 01.06.2025 to till the date of
payment and pass such further or other orders as this Honble Court
may deem fit and proper in the circumstances of the case and thus
render justice.
For Petitioner :Mr.A.K.Thangavelu
For R1 :Mr.M.Mahaboob Athiff
Special Government Pleader
For R2 :Mr.K.Ramaiah
Standing Counsel
For R3 :Mr.S.C.Herold Singh
Standing Counsel
O R D E R
The petitioner was appointed as Driver in the respondent
Corporation on 10.05.1996 and retired from service as Special Grade
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WP(MD) No. 30521 of 2026
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Driver on 31.05.2025. The 15 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 was in service as on
01.09.2023 and therefore, the petitioner made a representation to the
th
respondent seeking the benefits due to him as per the 15 wage
settlement. Alleging inaction, he has filed this writ petition seeking a
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mandamus to the respondents to revise his wages, based on the 15
wage settlement dated 29.05.2025 and to pay the benefits with
interest.
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WP(MD) No. 30521 of 2026
3. Mr.M.Mahaboob Athiff, learned Special Government
Pleader takes notice for the first respondent. Mr.K.Ramaiah, learned
Standing Counsel takes notice for the second respondent.
Mr.S.C.Herold Singh, learned Standing counsel takes notice for the
third respondent and submits that as per Clause 37(b) of the
settlement u/s.12(3) of the ID 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,
which is payable in four quarterly instalments. According to him,
they would calculate the same and if there is any due, it would be
paid to the petitioner within a reasonable time.
4.This court has considered the rival submissions made
and perused the materials placed on record.
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WP(MD) No. 30521 of 2026
th
5.The 15 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 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 instalments.
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 ehd;F (4) jtizfshf
fhyhz;LnjhWk; tH';fg;gLk;. ”
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WP(MD) No. 30521 of 2026
7.The petitioner was in service as a permanent employee
of the Transport Corporation as on 01.09.2023 and therefore, he is
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entitled for the benefits as per this 15 wage settlement. The
th
petitioner retired from service on 31.05.2025. The 15 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 is
entitled for the benefits, pursuant to the revision of scale of pay from
01.09.2024.
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 with effect from 01.09.2023 and provide the benefits
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WP(MD) No. 30521 of 2026
with effect from 01.09.2024, as per the 15th wage settlement dated
29.05.2025 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.
27-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
VRN
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WP(MD) No. 30521 of 2026
To
1. Tamil Nadu State Transport Corporation Ltd,
Rep. by its Managing Director,
Coimbatore Division, No. 37. Mettupalayam Road,
Coimbatore-641043.
2. The General Manager
Tamil Nadu State Transport Corporation Ltd,
Thiruppur Region, Kankeyam Road,
Thiruppur District-641 601
3. The Administrator
Tamil Nadu State Transport Corporation Employees Pension Fund
Trust,
Thiruvalluvar Illam,
Pallavan Salai,
Chennai-600 002
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WP(MD) No. 30521 of 2026
B.PUGALENDHI, J.
vrn
Order made in
WP(MD) No. 30521 of 2026
27.10.2026
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