Authority: Madurai Bench of Madras High Court
Order Date: 15 July 2026
Case Overview
- Petitioner: A. Soosai Adaikalam, former conductor appointed in 1980 with Tamilnadu State Transport Corporation (Kumbakonam) Limited.
- Respondents: (1) Presiding Officer, Labour Court, Tiruchirappalli; (2) Managing Director, Tamilnadu State Transport Corporation (Kumbakonam) Limited; (3) General Manager, Tamilnadu State Transport Corporation (Kumbakonam) Limited; (4) Administrator, Tamilnadu State Transport Corporation Employees Pension Fund Trust.
- Dismissal: Petitioner dismissed on 10 June 1995 for unauthorised absence due to jaundice (17 Jan – 11 Mar 1995); Labour Court modified dismissal to stoppage of three annual increments and ordered reinstatement (Industrial Dispute No.34 of 2009).
- Reinstatement: Directed to rejoin duty on 10 April 2012; continued in service until superannuation; retirement benefits paid.
- Pay dispute: Petitioner alleges basic pay fixed at Rs.5,200 instead of Rs.9,815, resulting in gross monthly salary of Rs.21,517 and a differential wage claim of Rs.3,39,632 with 12% interest.
- Computation petition: Filed under Section 33‑C(2) of the Industrial Disputes Act before the Labour Court; Labour Court dismissed the petition.
- Writ petition: Challenged the dismissal of the computation petition; sought certiorari and mandamus to direct respondents to pay the claimed amount.
Final Outcome
- The Court held that Section 33‑C(2) permits only computation of benefits flowing from an existing right and cannot be invoked for re‑fixation of pay.
- Since the petitioner had accepted the pay fixation, served until retirement, and only thereafter sought re‑fixation, the writ petition is untenable.
- The writ petition is dismissed with no costs awarded.
Topics: Labour Law, Industrial Disputes