P SAMBASIVAM Vs. CHAIRMAN CHENNAI PORT TRUST CHENNAI

JUDGEMENT

(1.) THE petitioner has approached this Court, with the prayer for issuance of a writ in the nature of Mandamus, directing the respondents to grant pension, by taking into account petitioner's service from 1981 instead of 1990.

(2.) THE case set up by the petitioner is that he was employed as a worker under Token No.79, by second respondent, i.e. THE Madras Port Spillage Handling Workers Association, on a monthly salary of Rs.9670/- per month. THE petitioner was also a member of Employees' Provident Fund and a sum of Rs.541/- p.m. was deducted as employees contribution payable to the Provident Fund.

(3.) THE writ petition is opposed by the respondents, by placing reliance on Memorandum of Understanding, entered into between the Chairman, Chennai Port Trust and THE Madras Port Spillage Handling Workers Association. THE factum of settlement is not disputed by the petitioner. In the settlement, it was agreed between the parties as under: