RABINDRANATH MUKHOPADHYAY Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) This special leave petition arises from the judgment of the division bench of the Madhya Pradesh High court, made on 15/1/1997 in LPA No. 255 of 1996. The first respondent had evolved the LTC Rules for its executive cadre employees and the same were last revised on 15/5/1989. Thereunder clause 1 (b) (ii) postulates that;

(2.) Subsequently, by Resolution No. 159 dated 14/9/1996, the respondent had given option in respect of the benefit of the LTC, to the executives of the company or its subsidiary companies without production of certificate, as detailed hereunder:

(3.) Consequently, the facility of LTC for travelling to home town was also extended to travelling to any place in India as per the above Resolution dated 14/9/1996. Instead of production of the certificate of the actual travel, the executives have also been given an option either to avail of the facility or encash the LTC facility, subject to the limit of railway fare of the entitled class up to a maximum distance of 1700 kms each way for the employee and entitled family members. But the above decision has been given effect to from 1/1/1997. The petitioner appearing in person has contended in the High court as well as before us that the fixation of the date is arbitrary. We find no force in the contention. It is seen that the aforesaid resolution communicated by proceedings dated 10/10/1996, postulates an employee who is entitled to avail of the facility of LTC, instead of executive class, has been given two options, viz. , of actual performance of the travel once in a block of four years which would be normal one and a salutary policy to enable the employee to broaden his vision of thought and action, and to encash the same, instead of actually travelling, which is an exception and proof of production of the travel certificate and the expenses incurred therefor has been dispensed with. It being a policy decision taken by the respondent-Management, the policy was given effect to from 1/1/1997, obviously the beginning of the calendar year. It is uniformly applicable to all employees of that class. Under those circumstances, we do not think that there is any arbitrariness in fixation of the date.