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2003 DIGILAW 317 (JHR)

Mani Chakraborty v. Central Coal Filed Ltd.

2003-03-06

M.Y.EQBAL

body2003
JUDGMENT M.Y. Eqbal, J. 1. Heard the Counsel for the parties. 2. The petitioner seeks a direction upon the respondents to calculate the benefits of voluntary retirement (VRS) on the basis of revised pay-scale consequent upon National Coal Ways Agreement-VI (In short NCWA). 3. The petitioner retired from the service of the respondent-CCL as a Forman, Jarandih Colliery. Kathara Area; Bokaro. Under the VRS the petitioner offered to retire which was accepted and the petitioner retired with effect from 20-5-1997. After his retirement, in January, 2001 the NCWA-VI came into existence whereby the pay-scale of the employees was revised with effect from 1-7-1996. On the basis of NCW Agreement-VI petitioners salary was also revised and the difference of wages was paid to the petitioner in the month of September, 2001. The petitioner, therefore, claims that the retirai benefits under the aforesaid scheme should also be paid to him on the basis of the revised pay-scale. 4. The respondents, in their counter-affidavit, have stated that under the scheme there is no such provision for payment of revised pay rather under the scheme some ex-gratia payment is made. It contended that the difference of wages was paid to the petitioner for the reason that he was in service upto 19-5-1997. 5. Admittedly the petitioner retired on 20-5-1997 and the NCWA-VI came into existence on 5th January, 2001 which was given retrospective effect from 1 -7-1996. Although the petitioner was not in service when NCWA-VI came into existence, but since because of the retrospective effect of the agreement, the petitioner was paid difference of wages from 1 -7-1996 till 19-5-1997. Admittedly therefore, the last wages drawn by the petitioner will be taken as the amount revised under the aforesaid agreement. 6. That being the position, t am of the opinion, that the petitioner is entitled to the retiral benefits under the VRS on the basis of the pay last drawn by him. The petitioner is not only entitled to the difference of wages already paid to him but also other benefits as per the revised pay-scale. 7. Mrs. Sheela Prasad, learned Counsel appearing for the respondents put heavy reliance on the letter dated 4th April, 1998 issued by the General Manager, P & IR making certain clarification to the effect that since ex-gratia amount was paid to the voluntarily retired employees at the relevant time on the exising rate of wages. 7. Mrs. Sheela Prasad, learned Counsel appearing for the respondents put heavy reliance on the letter dated 4th April, 1998 issued by the General Manager, P & IR making certain clarification to the effect that since ex-gratia amount was paid to the voluntarily retired employees at the relevant time on the exising rate of wages. Had this letter been given effect to, the petitioner would not have got the difference of wages from 1-7-1996 to 19-5-1997. In the absence of any specific provision under the VRS Scheme, I am of the opinion, that NCWA-VI as mentioned therein will cover all categories of employees in the Coal Industries who have been covered by NCWA-I, ll, III, IV&V. 8. For the aforesaid reason I allow this writ application and direct the respondents to pay the difference of VRS benefits to the petitioner after calculating the same on the basis of the wages last drawn by the petitioner in terms of NCWA-VI. They shall also dispose of the representation filed by the petitioner on 29-1-2002 against the deduction of some amounts on the ground that petitioners service was wrongly calculated from the date when he attained the age of 18 years when admittedly before attaining the age of 18 years he was in the service of the respondents. The representation shall be disposed of by the respondents within a period of 2 months from the date of receipt of a copy of this order.