M GRUVAMMAL Vs. REGISTRAR CO OPERATIVE SOCIETY

JUDGEMENT

(1.) THE petitioner has filed the present Writ Petition seeking the relief of Writ of Mandamus in directing the Respondents to pay the outstanding increment arrears of her husband(since deceased) during his employment.

(2.) THE petitioner's husband V.Muniyandi(since deceased) joined as a Sales Assistant in the Third Respondent/Maudrai District Pandiyan Consumers Co-operative Wholesale Society Limited, Madurai, on 25.09.1976. He went on voluntary retirement as per the Voluntary Retirement Scheme on 11.04.2002. THE petitioner/wife in the writ petition has claimed that non payment of arrears of her husband(since deceased) is a violation of principles of natural justice. Numerous representations have been made by the petitioner to all the Respondents but they have not settled her dues.

(3.) THE learned Counsel for the Respondents brings to the notice of this Court that there was a revision of scale of pay to all the employees of the Third Respondent Stores with effect from 01.10.1994, there was severe financial crisis to the Third Respondent for several years and the Stores unable to pay even the monthly wages to the employees in time. THErefore, he desires to deposit the arrears of pay for all the employees in a fixed deposits(as per the books of the Third Respondent) for a period of five years and to gradually pay the arrears to the retired employees in a phased manner. As such a sum of Rs.5,551/-(Rupees Five Thousand Five Hundred and Fifty One only) payable to the deceased husband V.Muniyandi is lying in a Fixed Deposit(as per the books of the Third Respondent).