Jharkhand High Court
Rampujan Pandey 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. 4892 of 2011
...
Rampujan Pandey ... ...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 Driver under the respondent-BCCL on 31.01.2006 as per Annexure-1.
Learned counsel for the respondent-BCCL, by referring to the averments made in the counter affidavit, has submitted that the petitioner is entitled to following retiral benefits:-
(i) provident fund under the CMPF.
(ii) gratuity
(iii) pension under CMPS-1998
(iv) leave encashment
(v) bonus
(vi) arrears of wages due to revision of pay.
It is stated that papers relating to provident fund have been sent to the CMPF authorities on 02.02.2006 for settlement of CMPF dues. No other claim is outstanding on account of CMPF. The petitioner has acknowledged the receipt of entire amount of gratuity of Rs. 2,81,905/- approximately, Annexure-C to the counter affidavit. The petitioner is being paid pension amount. Payments towards leave encashment, LTC/ LLTC have been calculated and cheque has also been prepared as also in respect of bonus amount, but since the petitioner had not vacated the company's quarter, the same has not been paid. However, if he is ready to pay penal rent upon that the same would be paid. Arrears amounting of Rs. 54,286/- have also been paid and acknowledged by the petitioner. 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/