Somashekara M L vs Beml Limited on 10 July, 2012

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Karnataka High Court

Somashekara M L vs Beml Limited on 10 July, 2012

Bench: H.N. Nagamohan Das

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 10TH DAY OF JULY 2012

                        BEFORE

 THE HON'BLE MR.JUSTICE H.N. NAGAMOHAN DAS

       WRIT PETITION NO.35686 OF 2011 (S-RES)

BETWEEN:

Somashekara M.L.
S/o.Lakshminarasimha Shastry
Aged about 39 years
Previously working as Assistant Manager
BEML Limited, Bangalore Complex
PB 7501, New Thippasandara Post
Bangalore-560075
And Residing at:No.1053
7th Block, 7th Cross
HMT Layout, Vidyaranyapura
Bangalore-560097.                     ... Petitioner

(By Sri.Subbarao, Sr. Adv.)

AND:

1.     BEML Limited
       (A Government of India Undertaking)
       Represented by the
       Chairman & Managing Director
       'BEML Soudha"
       23/1, 4th Main, Sampangiramanagar
       Bangalore-560027.

2.     The Director -Human Resource
       BEML Limited
       "BEML Soudha"
       23/1, 4th Main, Sampangiramanagar
       Bangalore-560027.
                           -   2   -



3.   The Director
     Railway & Metro Business Unit
     BEML Limited
     P.B.No.7501, Bangalore Complex
     New Thippasandra
     Bangalore-560075.

4.   Deputy General Manager
     (Human Resources)
     BEML Limited
     P.B.No.7501, Bangalore Complex
     New Thippasandra
     Bangalore-560075.            ....Respondents

(By M/s.Shree Mukhi Associates for R1 & R2)
R3 & R4 are served)

                                  ***

       This writ petitions is filed under Article 226 of the
Constitution of India, filed praying to hold that the
demand made by the respondents against the petitioner
for (1) Shortfall of notice pay (two months) of
Rs.55,458/- (2) Accumulated deduction of Rs.30,841/-
(3) Wage recovery incentive [WR1] of Rs.27,858/- & (4)
PLI/ special increment recovery of Rs.12,910/- as illegal
& without any authority of law in pursuance of
communication dated.12th July 2011 issued by the R4,
marked as Ann-V, & other demands as the same is
illegal, arbitrary unjust, untenable & the same violative
of Articles of 14 & 16 of the Constitution of India as the
petitioner is not liable to pay any amount to the
respondents.

      This petition coming on for Preliminary Hearing in
'B' Group this day, the court made the following:
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                       ORDER

In this writ petition, the petitioner has prayed for Declaration that the demand made by the respondents as illegal, arbitrary and unjust, further for a writ of mandamus directing the respondents to pay certain amounts with interest under various heads.

2. Identical issue in respect of another employee by name M. Anil Kumar came up for consideration before this Court and this Court in W.P. No.4368/2009 vide order dated 22.08.2011 allowed the writ petition directing the respondents to refund the amount collected from the petitioner therein and to release the PF, Gratuity, Leave encashment and any other service benefits. This order of learned Single Judge came to be confirmed by the Divisional Bench in W.A.No. 16559/2011 vide order dated 26.06.2012. For the reasons stated in the order W.P. No.4368/2009 and W.A.No.16559/2011 this writ petition is hereby disposed as under:

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ORDER

i) Writ petition is hereby disposed of.

ii) The demand made by the respondents is held as illegal.

iii) Respondents are hereby directed to pay the PF, Gratuity, Leave Encashment, and other service benefits as admissible under law.

Ordered Accordingly.

Sd/-

JUDGE HR*

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