A. STALIN Vs. RAJMOHAN, THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM DIVISION-IV) LIMITED, THIRUMAYAM ROAD, PUDUKKOTTAI

JUDGEMENT

(1.) Pursuant to the compromise, the Management and the employee, the Writ Appeal was disposed of on the following terms:

(2.) In response, the Management has furnished the statement, wherein, they claim that as per the order of this Court, retirement benefits is settled to the Contempt Petitioner. As far as the arrears of pension is concerned, due to financial crisis Rs.4,73,873.00 payable to the Contempt Petitioner as pension arrears, will be paid in four equal commencing from February, 2002 and accordingly, the pension arrears also been paid to the Contempt Petitioner.

(3.) However, the learned counsel for the Contempt Petitioner would state that the length of service for calculating pension benefits and gratuity, is not correct instead of 33 years of service, the management has taken only 22 years of service and therefore, there is disobedience on the part of the management. However, from the order passed by this Court in W.A(MD)No.500 of 2021 and 187 of 2019, which was passed in terms of compromise or in the other proceedings, this Court is not able to see the commencement of service or total length of service of the Contempt Petitioner, which now been a disputed fact and the order which alleged to have been breached, is not clear about the commencement of service or length of effective service. Therefore, it is open to the Contempt Petitioner to make proper representation to the second respondent/Corporation, with all necessary details in support of his claim regarding the length of service and if there is any necessity to revise the pensionary benefits, the management shall do so, within a period of four weeks from the date of receipt of such representation from the Contempt Petitioner.