GOVERNMENT OF TAMIL NADU Vs. S PACHAYAPPAN

JUDGEMENT

(1.) THE issue involved in this writ petition is connected with an earlier order passed by N.Paul Vasanthakumar,J. in respect of the same parties in W.P.No.27176 of 2006, dated 12.7.2010 (THE Government of Tamilnadu, rep. by Secretary to Government, Transport Department v. S.Pachayappan and another). By the said order, the learned Judge while holding that the first respondent was eligible for grant of pension for the period from 1.7.1997 to 31.12.2002 by counting the temporary service, has upheld a similar award dated 18.1.2006 in C.P.No.4 of 2003 passed by the Labour Court as the one passed in the present case and dismissed the writ petition filed by the Government permitting the first respondent to get the relief granted subject to the order that will be passed in this writ petition, viz., W.P.No.32545 of 2002. THE operative portion of the order of the learned Judge is as follows:

(2.) THIS writ petition is filed by the Government of Tamil Nadu against the award passed by the Labour Court in C.P.No.876 of 1997, dated 6.12.2001. The said claim petition was filed by the first respondent claiming a sum of ` 1,10,842/- towards pension for the period from 1.5.1975 to 31.8.1997. The first respondent was appointed as a Conductor in the Tamil Nadu State Transport Department on 4.7.1964 on daily wages on temporary basis. He was subsequently absorbed into the monthly cadre on 1.8.1965. After the Government transport services were taken over by various Transport Corporations and the Tamil Nadu State Transport Department was disbanded, the employees of the Transport Department were absorbed into various Corporations with effect from 1.5.1975. The first respondent was absorbed in the Pallavan Transport Corporation Limited with effect from 1.5.1975 and thereafter, he ceased to be an employee of the Tamil Nadu State Transport Service with effect from 30.4.1975. Therefore, the crucial date for transfer of service into the Corporation is 1.5.1975 as per the G.O.Ms.No.1028, Transport Department, dated 23.9.1985.

(3.) IT is seen that by way of an interim order passed by this Court dated 11.10.2002 the entire amount quantified by the Labour Court, namely ` 1,10,842/-, has been directed to be deposited to the credit of C.P.No.876 of 1997 and the Labour Court was directed to invest the amount in fixed deposit for three years and it is stated that the said amount which is deposited is still in the bank deposit. Since, the writ petition stands dismissed, it is made clear that the first respondent shall be entitled to receive the entire amount of ` 1,10,842/- with accrued interest as on date on production of a copy of this order.