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Jharkhand High Court · body

2020 DIGILAW 580 (JHR)

Sachidanand Singh v. Bharat Coking Coal Ltd. (in short B. C. C. L) through its Chairman cum Managing Director, Koyla Bhawan, Saraidhela, Dhanbad

2020-06-09

DEEPAK ROSHAN

body2020
JUDGMENT : 1. Heard learned counsel for the parties through V.C. 2. The instant application has been preferred by the petitioner for quashing the notice dated 28.06.2011 issued by the respondent No.5 whereby the petitioner has been asked to vacate the quarter and pay the penal rent to the tune of Rs.1,30,850/-up to June, 2011. 3. The case of the petitioner is that he was working as ‘Loading Supervisor’ at Bera Colliery and superannuated from service in the year 2003. The further case of the petitioner is that the respondent No.2 issued a circular dated 07.03.2005 in connection with retention of quarter by those employees who have been superannuated. The petitioner states that though he has received the provident fund amount, gratuity and other retiral dues, but still a sum of Rs.96,169.94 has not been paid to him which is apparent from paragraph-10 of the counter affidavit filed by the respondent coal company. He further submits that he may be given liberty to approach before the respondent No.5 to raise his grievance with respect to due amount legally payable to the petitioner. 4. Mr. V. K. Dubey, learned counsel for the BCCL submits that even after retirement, the petitioner has not vacated the quarter which was allotted to him. He further submits that the major portion of retiral dues has already been paid to him, however, an amount of Rs.90,000/-approx has been retained by the company. He further submits that the petitioner may be given the liberty to approach before the Respondent No.5 for payment of other dues after adjusting the penal rent which is supposed to be paid by the petitioner. He further submits that in the mean time he must vacate the quarter which was allotted to him. 5. In view of the aforesaid facts and circumstances of the case and the argument adduced by the learned counsel for the parties, I hereby direct the petitioner to file a representation before the respondent No.5 within a period of 2 months from today raising his entire grievance. If any such representation is filed, the respondent No.5 shall dispose of the representation in accordance with law, rules & regulations and policy decision of Coal Company within a period of 3 months from the date of receipt of the representation. In the meantime, the petitioner is directed to vacate the quarter in question. If any such representation is filed, the respondent No.5 shall dispose of the representation in accordance with law, rules & regulations and policy decision of Coal Company within a period of 3 months from the date of receipt of the representation. In the meantime, the petitioner is directed to vacate the quarter in question. If any amount is payable to the petitioner after adjusting the penal rent, the same shall be paid within a further period of 4 weeks and if any amount becomes due as against the petitioner, the respondent company shall be at liberty to recover the same, in accordance with law. 6. With the aforesaid directions, the instant application is disposed of.