Chief Manager, Rajasthan State Transport Corporation v. Kela Devi
2018-08-16
ASHOK KUMAR GAUR
body2018
DigiLaw.ai
JUDGMENT Ashok Kumar Gaur, J. - The employer-petitioner in all these writ petitions have challenged the order passed by the Industrial Tribunal-Labour Court, Ajmer, whereby application filed by the respondent- employee under Section 33 C (2) of the Industrial Disputes Act, 1947 has been allowed. The respondent-employees have been held entitled for grant of gratuity, leave encashment, arrears of 5th /6th Pay Commission and in some cases payment of Gazetted Holidays. The Labour Court has also awarded the interest on these amounts @ 9% per annumn, if the amount is not paid within the stipulated time. 2. This Court had issued notices in Writ Petition Nos. 11934/2014, 15482/2018, 15492/2018, 15631/2018 & 15634/2018. S.B. Civil Writ Petition Nos. 7442/2017 & 4760/2018 are fresh matters but the order impugned is the same order passed by the Industrial Tribunal-cum-Labour Court, Ajmer. 3. Counsel for the petitioners have filed Misc. Applications in S.B. Civil Writ Petition Nos.15482/2018, 15492/2018, 15631/2018 & 15634/2018. Counsel for the petitioners have payed in the applications that there is need to pass order on the Stay Application restraining the respondents from attaching the accounts of the petitioner. 4. Counsel has submitted that the issue with regard to payment of post retiral benefit is being monitered by this Court as per the orders passed in S.B. Civil Writ petition No. 9127/ 2016 (Ran Singh Vs. RSRTC & Anr.) and other connected writ petitions., the Co-ordinate Bench of this Court has issued the order on 19th May, 2017, wherein the employer has been given time schedule to make payments of the post retiral benefits to the employees. 5. Counsel submitted that the employees also filed S.B. Civil Contempt Petition No. 1500/2016 (Shankar Lal Choudhary Vs. Sh. Rajesh Yadav and Ors.), before this Court and this Court on 6th July, 2018, passed the order. The operative portion of the order dt. 6th July, 2018, passed by this Court is reproduced hereunder:- "Counsel for the respondent Mr. Vinayak Joshi submitted that the petitioner's representation following the order dt. 22.7.2016 has been considered and it has been found that he is entitled to arrears of retiral benefits on his superannuation on various heads. However in view of precarious financial position of RSRTC there will indeed be some delay in making payment thereof dependent on release/availability of funds including those from the State Government.
22.7.2016 has been considered and it has been found that he is entitled to arrears of retiral benefits on his superannuation on various heads. However in view of precarious financial position of RSRTC there will indeed be some delay in making payment thereof dependent on release/availability of funds including those from the State Government. He submitted that payment of retiral benefits to the petitioner would be made as per orders dated 30.3.2017, 19.5.2017 and 23.1.2018 in SBCWP No. 9127/2016 (Ran Singh Vs. RSRTC) on priority determined with reference to the date of his superannuation. Thus far payment of retiral benefits have made to employees who have superannuated upto 31.12.2014. And it is proposed that retiral benefits to employees superannuated upto 30.6.2015 will be released by end of July, 2018. it has been submitted that the petitioner would be paid due amounts of retiral benefits in a similar fashion with reference to the date of his superannuation as per availability of funds. In view of submission of Mr. Vinayak Joshi, counsel for RSRTC taking note of its precarious financial position and the modus adopted under the orders of this Court the petition stands disposed with direction to the respondents to make payment of petitioner's due retiral benefits strictly in terms of priority with reference to the date of retirement of the employees of RSRTC. Due interest on the delay also be paid, if not otherwise clarified by the Court in any pending proceedings. The contempt petition stands disposed of accordingly. Notices are discharged. In the event the RSRTC were to breach the order of priority determined by this Court in payment of retiral benefits to superannuating employees of RSRTC to the petitioner's detriment, he would be free to move an application for recall of this order and to pursue the petition afresh." 6. Counsel submitted that the employer-Corporation has made payment to all the employees who have superannuated up to 31st July, 2015. Counsel further submitted that in respect of amount of gratuity, the employer is liable to pay the same. Counsel submitted that the issue with regard to overtime, leave encashment, arrears of 5th/6th Pay Commission recommendation and Gazetted Holidays is subjudice before this Court, as Review 7. Petition has been filed as whether interest is liable to be paid on these amounts or not.
Counsel submitted that the issue with regard to overtime, leave encashment, arrears of 5th/6th Pay Commission recommendation and Gazetted Holidays is subjudice before this Court, as Review 7. Petition has been filed as whether interest is liable to be paid on these amounts or not. Counsel further submitted that all those employees who have retired and superannuated up to 31st July, 2015, the full payment of gratuity, earned leave and arrears of 5th/6th Pay Commission Recommendation and Gazetted Holidays, have been made to them. 8. Counsel submitted that in S.B. Civil Writ Petition No. 15565/2018 (Chief Manager, RSRTC Vs. Smt. Kela Devi) & 4760/2018(Chief Manager RSRTC Vs. Shri Nand Kishore Thada) all payments have been made to employees except the interest part. Counsel submitted that employees in S.B. Civil Writ Petition Nos. 15482/2018, 15492/2018, 15631/2018, 15634/2018 & 7442/2017, have retired after the cut off date i.e. 31st July, 2015 and as such as per the schedule fixed by this Court, payments would be made to such employees. 9. Counsel submitted that there has been no intention on the part of the employer to deprive the employees to get their retiral benefits, however, the schedule which has been approved by this Court, cannot be breached. Counsel submitted that as per the priority as informed to this Court, the due payments are being released. 10. Counsel submitted that due to non release of payments as ordered by the Industrial Tribunal due to above factual situation, the attachment proceedings have been undertaken, under the Land Revenue Act, 1956, as there was non compliance of the order passed by the Industrial Tribunal-cum-Labour Court. 11. Counsel submitted that on 13th August, 2018, Five Buses bearing Nos. RJ01 PA 2196, RJ22 PA 1017, RJ01 PA 1526, RJ09 PA 1804 & RJ01 PA 2538 of the Corporation have been seized and possession has been taken by the Tehsildar in compliance of order issued by the SDO, Ajmer by Registering Land Revenue Case Nos. 12/17, 13/17, 14/17, 16/17 & 1/17. 12. Counsel submitted that due to such extreme steps being taken by the Revenue Authorities, the entire operation of the Corporation has come to a halt and the passengers would also suffer at the end of the day.
12/17, 13/17, 14/17, 16/17 & 1/17. 12. Counsel submitted that due to such extreme steps being taken by the Revenue Authorities, the entire operation of the Corporation has come to a halt and the passengers would also suffer at the end of the day. Counsel submitted that they are prepared and obliged to respect the orders passed by this Court, however, the extreme step of attachment of property (Buses) will not be in the interest of any person. 13. This Court finds that the Co-ordinate Bench in S.B. Civil Writ Petition No. 9127/2016 (Ran Singh Vs. RSRTC and Ors) & other connected writ petitions and further in S.B. Civil Contempt Petition No. 1500/2016 (Shankar Lal Choudhary Vs. Shri Rajesh Yadav & Ors.) have already considered the priority which has been determined with reference to the date of superannuation. 14. This Court, following the orders passed by the Co-ordinate Benches, deems it proper to restrain the Industrial Tribunal-cum- Labour Court, Ajmer to proceed further in the matter of orders passed under Section 33 C (2) of the Industrial Disputes Act, 1947. The order of Labour Court needs to be complied with, however, once the High Court has permitted the time schedule to the employer to make payment to the retired employees but by giving directions to attach the property, the same would not serve any purpose at this juncture. 15. Counsel for the petitioner has submitted that in case of grave emergency like the marriage in the family of the employee or due to serious ailment etc., the High Court has already permitted to file an application for release of gratuity amount by narrating all the facts and as such Managing Director has been given power to release 75% of the gratuity amount and as such if the employee concerned can approach the authorities for releasing such amount as a stopgap arrangement. This Court finds that although the window for getting the money, in emergency situation is not closed and as such no purpose would be served to pass orders of attachment of buses at this juncture. 16. The applications filed by the petitioners-employer are disposed of with a direction to the Industrial Tribunal-cum-Labour Court not to proceed further in the matters. This Court also finds that no purpose would be served to seize the Buses Nos.
16. The applications filed by the petitioners-employer are disposed of with a direction to the Industrial Tribunal-cum-Labour Court not to proceed further in the matters. This Court also finds that no purpose would be served to seize the Buses Nos. RJ01 PA 2196, RJ22 PA 1017, RJ01 PA 1526, RJ09 PA 1804 & RJ01 PA 2538 of the Corporation and accordingly the authorities are directed to release the said buses. This order has been passed in view of the submissions made by counsel for the Corporation that due payment would be made to all the employees as per the schedule, which has been given by this Court. List the matter on 4th September, 2018, for further orders. S.B. Civil Writ Petition Nos. 74422/2017 & 4760/2018: Issue notice to the respondents, returnable by 4th September, 2018.