Case Note & Summary
The appellant, a former driver of the Metropolitan Transport Corporation, was temporarily appointed and later regularised with effect from 01.09.2005. He retired from service on 31.10.2018. Six years after retirement, he submitted a representation seeking retrospective regularisation of his service, which was rejected by the authorities. He filed a writ petition in 2026, nearly eight years after retirement, challenging the rejection. The single judge of the High Court dismissed the writ petition (W.P.No.1026 of 2026) on 21.01.2026, relying on a Full Bench judgment in W.A.No.158 of 2016 dated 03.12.2019, holding that the appellant was absorbed after the cut-off date of 01.04.2003 and therefore not entitled to benefits under the old pension scheme. The single judge also noted that the appellant's service conditions were governed by a 12(3) Settlement under the Industrial Disputes Act, 1947, dated 31.08.2005, and that writ petitions by such employees are not maintainable, as per the Division Bench decision in Managing Director, Tamilnadu State Transport Corporation, Madurai Limited vs. Veeraiyya (2025:MHC:2050). Aggrieved, the appellant filed the present writ appeal. The appellate court concurred with the single judge's reasoning and dismissed the appeal, reiterating that regularisation after the cut-off date disentitles the employee to the old pension scheme and that the writ remedy is barred for employees covered by a statutory settlement under the Industrial Disputes Act. No costs were awarded.
Headnote
A) Service Law - Regularisation and Pension - Entitlement to Old Pension Scheme - Cut-off date of 01.04.2003 - Appellant's service regularised from 01.09.2005, after the cut-off date, hence not entitled to old pension scheme - Held that an employee regularised after the cut-off date is not entitled to benefits under the old pension scheme (Paras 2-3).
B) Service Law - Writ Maintainability - Employees under 12(3) Settlement - Industrial Disputes Act, 1947, Section 12(3) - Division Bench in Managing Director, Tamilnadu State Transport Corporation, Madurai Limited vs. Veeraiyya held writ not maintainable for employees governed by settlement - Held that since appellant's service conditions are governed by 12(3) Settlement dated 31.08.2005, writ petition is not entertainable (Paras 4-5).
Issue of Consideration
Whether the appellant is entitled to retrospective regularisation and benefits under the old pension scheme, and whether the writ petition is maintainable given the 12(3) Settlement.
Final Decision
Writ Appeal dismissed. No costs.
Law Points
- Regularisation after cut-off date renders employee ineligible for old pension scheme
- writ petition not maintainable for employees governed by 12(3) Settlement under Industrial Disputes Act
- 1947
Case Details
2026 LawText (MAD) (07) 116
Hon'ble Mr. Justice S.M. Subramaniam, Hon'ble Mr. Justice N. Senthilkumar
Mr. S. Sadasharam, Mr. Ananda Gopalan
Metropolitan Transport Corporation (Chennai) Ltd and Government of Tamilnadu
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Nature of Litigation
Writ Appeal challenging dismissal of writ petition seeking retrospective regularisation of service and old pension scheme benefits.
Remedy Sought
Appellant sought allowance of the writ appeal and setting aside of the writ order, and ultimately grant of retrospective regularisation.
Filing Reason
The appellant's representation for retrospective regularisation was rejected by the authorities, and the writ petition was dismissed by the single judge, leading to the appeal.
Previous Decisions
Single Judge of High Court dismissed W.P.No.1026 of 2026 on 21.01.2026 relying on Full Bench judgment in W.A.No.158 of 2016.
Issues
Whether the appellant is entitled to retrospective regularisation and benefits under the old pension scheme despite his regularisation after the cut-off date of 01.04.2003.
Whether a writ petition is maintainable for an employee whose service conditions are governed by a settlement under Section 12(3) of the Industrial Disputes Act, 1947.
Submissions/Arguments
Appellant contended that he was entitled to retrospective regularisation and old pension scheme benefits.
Respondent contended that appellant's regularisation after cut-off date bars old pension, and writ not maintainable due to 12(3) settlement.
Ratio Decidendi
An employee whose service is regularised after the cut-off date of 01.04.2003 under the relevant rules is not entitled to the benefits of the old pension scheme. Furthermore, employees governed by settlements under Section 12(3) of the Industrial Disputes Act, 1947, cannot maintain a writ petition to enforce claims arising from such settlements.
Judgment Excerpts
The Writ Court, relying on the Full Bench judgment passed in W.A.No.158 of 2016 dated 03.12.2019, dismissed the writ petition mainly on the ground that the petitioner was absorbed after the cut of date i.e., 01.04.2003. Therefore, he is not entitled to avail any benefit under the old pension scheme.
in respect of the employee governed under 12(3) Settlement, the writ petition is not entertainable and in this regard, the Division Bench of this Court has held in the case of Managing Director, Tamilnadu State Transport Corporation, Madurai Limited vs. Veeraiyya in W.A.(MD).No.442 of 2025 etc. batch reported in 2025:: MHC::2050.
Writ Appeal stands dismissed. No costs.
Procedural History
The appellant was temporarily appointed as driver, later regularised w.e.f. 01.09.2005. He retired on 31.10.2018. After six years, he sought retrospective regularisation, which was rejected. He filed W.P.No.1026 of 2026, which was dismissed on 21.01.2026 by learned Single Judge relying on Full Bench judgment. Then he filed the present writ appeal.
Acts & Sections
- Industrial Disputes Act, 1947: 12(3)
