Jharkhand High Court
Lal Mohan Ram vs M/S Bharat Coking Coal Ltd.& O on 18 September, 2014
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (S) No. 4883 of 2011
...
Lal Mohan Ram ... ...Petitioner
-V e r s u s-
1. M/s BCCL through its Chairman
-cum-Managing Director
2. The Director, ( P & IR), BCCL),
Koyla Bhawan, Dhanbad
3. General Manager, BCCL, Dhanbad
4. Regional Commissioner, CMPF, Dhanbad ... ...Respondents
...
CORAM: - HON'BLE MR. JUSTICE APARESH KUMAR SINGH
...
For the Petitioner : - None.
For the Respondent-BCCL : - Mr. Amit Kr. Sinha, Adv.
....
05/18.09.2014No one appears on behalf of the petitioner.
The writ petition has been preferred seeking payment of retiral dues such as Monthly Wage Difference, Arrears of Salary and allowances on account of implementation of Award dt. 26.04.1982 in Reference Case No. 30 of 1980, provident fund amount, LTC/LLTC, bonus, 6th Pay Revision arrears, Insurance, leave encashment etc. The petitioner is said to have retired as Fitter under the respondent-BCCL on 30.06.2006 as per Annexure-1.
Learned counsel for the respondent-BCCL on instruction submits that admissible payment of post retirement dues and other service benefits have been paid as are indicated in para -7 of the counter affidavit. It is stated that the petitioner is entitled to provident fund under CMPF, Gratuity, pension under CMPS, 1998 and leave encashment. The claim towards provident fund has been forwarded to the office of CMPF through letter dated 24/29.06.2006 for settlement of CMPF dues, which is to be disbursed by the Regional Commissioner, CMPF.
According to the respondents, apart from the above, no claim on account of provident fund is outstanding. The entire amount of gratuity totalling Rs. 3,19,288/- has been paid through cheque dated 31.07.2006 for which the petitioner has acknowledged receipt, Annexure-C to the counter affidavit. The petitioner is being paid pension amount. Leave encashment amount of Rs. 38,420/- for 71 days of earned leave and Rs. 27,834/- towards LTC/LLTC was payable, which has been prepared through cheque dated 11.01.2007 and was lying ready for payment. However, the petitioner has not yet handed over vacant possession of company's quarter. According to the company's Rules, the petitioner would be liable to pay penal rent amounting to Rs. 79,500/- till 30.09.2011. The petitioner was requested to hand over the vacant possession of the quarter and collect the amount lying with the respondents, which has not been complied with. It is further submitted that payments towards arrears of pay revision have also been made and received by the petitioner. Bonus amount has also been prepared, but due to non vacation of company's quarter, the cheque was not handed over. No amount of insurance is payable to any wage board employee as per the provisions of NCWA. In respect of the claim for arrears of salary and allowances on account of Award dated 26.04.1982 passed in Reference Case No. 30/1980, it is submitted that remedy lies with the petitioner to move before the Labour Court under Section 33(C)(2) of the Industrial Disputes Act, 1947. Moreover, proceedings under I. D. Case No. 16/2002 for implementation of the Award has been stayed by this Court in W. P.(Cr.) No. 382 of 2004. Therefore, the petitioner has been paid all admissible retiral dues and for rest of dues for which cheques are ready, if the petitioner approaches before the respondents after vacating the quarter whereupon upon deduction of penal rent due from him the same will be paid.
These statements of the respondents have not been refuted by the petitioner by filing rejoinder and no one appears on behalf of the petitioner to rebut the same.
In view of the aforesaid stand taken by the respondent, it appears that admissible dues have been paid to the petitioner. The petitioner is at liberty to approach the respondents for payment of other dues, which are kept ready by the respondent in relation to earned leave encashment amount and bonus etc, which would be payable to the petitioner after vacation of the company's quarter and deduction of penal rent.
Accordingly, the writ petition is disposed of.
(Aparesh Kumar Singh, J.) Kamlesh/