MUNISWAMY Vs. I T I LTD

JUDGEMENT

(1.) THE petitioner joined the service on 7. 11. 1950 in the Madras Engineering Group Army and thereafter he worked in the Army from 1955 to 30. 8. 1972, on which day he was discharged from service. From 31. 8. 1972 he joined as a Casual Labour in the Indian Telephone Industries and worked upto 29. 11. 1972. His services had been absorbed in the company from 8. 1. 1973. He worked in the company until attaining the age of superannuation on 1. 5. 1994. It is stated that respondents have settled all the retirement benefits.

(2.) THE grievance of the petitioner is that if the Vehicle Advance and House building Advances are not availed, there is an incentive scheme to such employees in the company to an extent of three months last drawn basis and Dearness allowance subject to fulfilment of certain conditions prescribed in the Circulars at annexures-A and A1. According to the petitioner, even though he has fulfilled all the conditions, the benefit of incentive was not extended to him under the impugned Endorsement at Annexure-C. In the circumstances, the petitioner has filed this writ petition seeking to quash the endorsement at Annexure-C and for a writ of mandamus directing the respondents to pay the Housing and Vehicle incentives together with 18% interest from 15. 5. 1994.

(3.) IN the statement of objections filed on behalf of the respondents the impugned action is sought to be justified placing reliance on the circulars referred to above. According to the respondents, the petitioner is not entitled to the claim as there was a break of 30 days of service when the petitioner joined the company after leaving Madras Engineering Group. It is stated that as per Annexure-D, another circular, clarification is issued to the effect that for the purpose of computing 30 years of service for payment of aforesaid incentives, the service put in the public sector shall be considered only when the break in service, if any, is of a maximum period of one month while joining from one public sector to another public sector.