LAWS(MAD)-2017-9-260

M PARAMASIVAM Vs. GOVERNMENT OF TAMIL NADU REP BY ITS SECRETARY, TRANSPORT DEPARTMENT, FORT ST , GEORGE, CHENNAI

Decided On September 14, 2017
M PARAMASIVAM Appellant
V/S
Government Of Tamil Nadu Rep By Its Secretary, Transport Department, Fort St , George, Chennai Respondents

JUDGEMENT

(1.) The petitioner is challenging the order of recovery passed by the third respondent/The Assistant Manager dated 27.11.2002.

(2.) The petitioner was initially appointed as Conductor. Thereafter, he was removed from the service. Thereafter, through settlement under Section 18(1) of the Industrial Disputes Act, 1947, he was reinstated as mazdoor and continued as mazdoor from 31.03.1982 onwards. After retirement, amount was settled, however, a sum of Rs.64,550/- was paid in excess. Hence, he was directed to pay the excess amount which was paid to him. Challenging the same, he has filed the present writ petition.

(3.) The learned counsel appearing for the petitioner relied upon the decision (Union of India, Rep. By the General Manager, Southern Railway, Park Town, Chennai and others Vs. The Registrar, Central Administrative Tribunal, Chennai and others, 2017 1 WritLR 321), wherein the Division Bench of this Court has held as follows: