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2021 DIGILAW 1687 (RAJ)

Alim Hussain v. Rajasthan State Road Transport Corporation

2021-09-13

INDRAJIT MAHANTY

body2021
JUDGMENT Application (IA No.1/2021 in SBCWP Nos.2263/2018/, 2264/2018 & 2267/2018) Applications for early hearing are allowed and the matters have been heard today itself. S.B. Civil Writ Petition No. 1992/2021 & other connected matters 1. This bunch of writ petitions involve common controversy, therefore, they are heard together and decided by this common judgment. 2. Heard learned counsel for the parties. 3. This batch of writ petitions has been filed by employees of the Rajasthan State Road Transport Corporation (RSRTC) who have retired from services but are not being given their retiral benefits. 4. Learned counsel appearing for the RSRTC submits that he wants time to file reply, inter alia drawing attention of the Court about the financial condition of RSRTC. 5. This Court is of the considered view that even if such an affidavit is filed, the same does not and cannot take away the liability of the employer to meet the lawful dues to its employees. 6. Learned counsel for the petitioners drew attention of the Court to a batch of cases decided by Coordinate Bench of this Court in SBCWP No.14748/2014 Prahalad Singh v. The Managing Director RSRTC & Ors. decided on 28.09.2015 wherein para materia in similar circumstances, this Court took into consideration the plea of financial crises in the Corporation and also took note of the fact that Corporation was then making necessary efforts to seek permission to surrender a chunk of land to secure the amount for onward payment of the petitioners. Taking into consideration the facts and circumstances, directions were issued by this Court to the Corporation to make payment of the due amount to the petitioners within a period of six months from the date of the said order alongwith interest at the rate of 6 per cent per annum. 7. I find no justification to differ with the view expressed by this Court in the earlier judgment. 8. Accordingly, the writ petitions are allowed with the directions noted herein above. 9. It would be pertinent to note herein that counsel for RSRTC submitted that the petitioners in the aforesaid batch of cases have already been released with all their pensionary benefits.