1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2011 C O R A M THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No. 12246 of 2011 Arasu Pokuvarathu Madurai Thozhilalar Sangam, rep. by it's General Secretary V. Pitchai V.P. Chinthan Ninaivagam, V.O.C. 2nd Street, Arul Nagar, Bye-Pass Road,Madurai - 625 016. ... Petitioner Vs. The Management of Tamilnadu State Transport Corporation(Madurai)Ltd., rep. by its Managing Director, Bye-Pass Road,Madurai 625 016. ... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondent from changing the existing practice of giving bonus to the employees directly in cash and further directing the respondent not to change the practice without following Section 9A) of I.D. Act, 1947. For Petitioner : Mr.S.Arunachalam For Respondent : Mr.TR.Janarthanam, Additional Government Pleader O R D E R The petitioner has come to this Court seeking a writ of mandamus or direction to forbear the respondent, namely, the Management of Tamilnadu State Transport Corporation(Madurai)Ltd., represented by its Managing Director, from changing the existing practice of giving bonus to the employees directly in cash and further to direct the respondent not to change the practice without following Section 9(A) of I.D. Act. 2. The learned counsel appearing for the respondent submits that the petitioner is the Trade Union registered under Trade Unions Act and registration number is also allotted to the petitioner Sangam as 157/MDU. The petitioner Sangam is also affiliated to the State Transport Employees Federation and the Federation is also affiliated to Centre of Indian Trade Unions shortly CITU and it is further stated that the federation, as a Central Union, has signed the wage settlements under Section 12(3) of the I.D. Act which were signed periodically once in three years with the Managements of State Transport Corporations, including the respondent. Therefore, the grievance of the petitioner is that the conditions of service of workmen in the respondent Corporation are governed by the settlements entered under Sections 12(3) of I.D. Act. The said settlements are binding on all the workmen and the respondent in view of Section 18 (3) of I.D. Act. While so, the Government of Tamilnadu has announced on 14.10.2011 that the employees working in the Transport Corporation will be paid 20% of bonus for the year 2010-2011. After the said announcement, the respondent has decided to give bonus to the https://hcservices.ecourts.gov.in/hcservices/ 2 employees through their bank account by changing the existing practice of giving bonus in cash. Therefore, a representation was given on 18.10.2011 to the respondent requesting not to change the existing practice and a specific request was also made to disburse the bonus to all the employees by way of paying in cash as per Section 19 of Payment of Bonus Act and as the respondent has not considered the petitioner's representation, the petitioner has come to this Court for the above said relief. 3. In reply, the Additional Government Pleader appearing for the respondent has brought to the notice of this Court that the prayer made by the petitioner has become infructuous since the bonus for the said year has already been disbursed to all the members of the petitioner union, who are working in the respondent corporation. 4. In paragraph No.9 of the proceeding dated 15.10.2011 passed by the Managing Director of the respondent Corporation, it is specifically mentioned that the payment of bonus due for the employees should be effected before Deepavali without any delay. On the basis of the above said proceedings dated 15.10.2011, the Deputy Manager (Finance), by identifying the total number of employees, prepared a list including both regular employees 15,808 and reserve (casual)employees 2309 namely, 18,117 and the following amounts have been transferred to various banks towards payment of bonus etc. for the year 2010-2011: For Employees working in Dindigul -Rs.40979964/- For Employees working in Virudhunagar -Rs.19814229/- For Employees working in Madurai -Rs.52483128/- Total amount -Rs.113277321/- 5. Considering the fact that bonus amount has already been transferred to the respective banks before Deepavali to celebrate the festival as mentioned above, this Court is not inclined to interfere at this belated stage and that would cause inconvenience to all the employees working in Tamilnadu State Transport Corporation. Further, the bonus announced by the Stage Government has already been disbursed hence, nothing survives in the present Writ Petition. Accordingly, the Writ Petition fails and the same is dismissed. No costs. Consequently, connected M.P. is also closed. Sd/- Deputy Registrar (Writs) /True Copy/ Assistant Registrar To, Managing Director,Tamilnadu State Transport Corporation(Madurai)Ltd., Bye-Pass Road,Madurai 625 016. W.P.(MD)No. 12246 of 2011 ses/sma/18.11.2011/2c/2p 28.10.2011 https://hcservices.ecourts.gov.in/hcservices/