Himachal Pradesh High Court
Dhani Ram vs Hrtc And Another on 16 March, 2023
Bench: Tarlok Singh Chauhan, Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 5179 of 2022 a/w connected
.
matters.
Decided on: 16th March, 2023
CWP No. 5179 of 2022
Dhani Ram .......Petitioner
Versus
HRTC and another ...Respondents
rCWP No. 3312 of 2019
Tilak Raj .......Petitioner
Versus
HRTC and others ...Respondents
CWP No. 1295 of 2020
Kewal Krishan .......Petitioner
Versus
HRTC and others ...Respondents
CWP No. 4557 of 2022
Deep Raj .......Petitioner
Versus
HRTC and another ...Respondents
Coram
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
The Hon'ble Mr. Justice Virender Singh, Judge.
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2
Whether approved for reporting?1
For the petitioners: Mr. Manohar Lal Sharma, Mr. S.P.
.
Chatterji and Mr. Onkar Jairath,
Advocates for the respective
petitioners.
For the respondents: Mr. Vikas Rajput, Mr. Ajeet Singh
Saklani and Ms. Shubh Mahajan,
Advocates.
Tarlok Singh Chauhan, Judge. (Oral)
Learned counsel for the respondent-Corporation has placed on record instructions dated 15th March, 2023, the relevant portion whereof reads as under:-
"In this context it is submitted that the issue relating to unutilized compensatory/weekly rest of employees of Himachal Road Transport Corporation, has been discussed, Analysed and deliberated thoroughly by the Management. Consequently it has been concluded that Corporation is intended to pay the dues as per the provision mentioned in Motor Transport Workers Act-1961.
Although, there is no such provision in CCS Leave Rules-
1972, which provides the accumulation, carry forwarding and encashment of the Compensatory leave of any employee in a calendar year. However, due to acute shortage of crew in the corporation, the Board of Directors in its 145.25th meeting decided to carry forward the unutilized Compensatory leave.
It is pertinent to mention here that, in this regard vide earlier instruction issued on 30.112012 to the field officers, 1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes.::: Downloaded on - 16/03/2023 20:36:49 :::CIS 3
whereby it has been intimated that the decision taken in the meeting held on 26.11.2012 under the chairmanship of .
Principal secretary Transport with regard to carry forward of accumulated weekly rest, which could not be liquidated in the current year will be carry forward to the next year as per prevailing practice. And it was further directed that the employees who were on the verge of retirement and having compensatory leave in their credit, such compensatory leave be got exhausted/liquidated first before retirement of such employees. In the case of transfer of an employee the account of weekly rest of each crew should be checked by the SO (SAS)/Auditor posted in the depot for its correctness and RM himself shall sign the certificate regarding weekly rest in the credit of the employees."
2. Now that the Corporation itself intended to pay the dues to all the petitioners, we deem it appropriate to dispose of all these writ petitions, by directing the respondent-
Corporation to pay the dues to the petitioners, as per provisions of Motor Transport Workers Act, 1961, after re-
scrutinizing the records. This entire exercise be completed within six months. Ordered accordingly.
3. All the writ petitions are disposed of in the aforesaid terms. Pending miscellaneous application(s), if any, also stand disposed of.
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2023.
( Tarlok Singh Chauhan )
Judge
March 16, 2023 ( Virender Singh )
(naveen) Judge
r to
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