SARWAN KUMAR Vs. STEEL AUTHORITY OF INDIA LTD

JUDGEMENT

(1.) By this petition, the petitioner has challenged the order dtd. 25/6/2019 passed by the respondent by which monetary benefits of revision of pay with effect from 1/1/2007 and 1/1/2012 have not been granted and other service benefit including, monthly incentive, adjustable advance/ annual performance lined reward/sail performance incentive scheme, canteen expenses, LTC leave, travel concession(LIC)/Liberalized leave travel concession (LLC) leave earned leave(EL) and Half pay leave (HPL) for the period from 28/2/1998 till the petitioner was reinstated.

(2.) Brief facts as reflected from the records are that the petitioner was appointed as Mason N-3 grade vide order dtd. 13/10/1986, he was served with charge sheet on 21/2/1997 for giving false information about his caste, qualification and domicile, therefore, an enquiry was conducted and vide order dtd. 28/2/1998 the petitioner was removed from service. The petitioner has challenged his termination order before the labour Court which was registered as case No. 111/MPRI/98. The learned Labour Court vide order dtd. 7/2/2001 has reinstated the petitioner without back wages. Against that order, the petitioner as well as respondent have preferred an appeal before the Industrial Court Raipur which was registered Civil Appeal No. 78/MPIR Act/A-11/2001 and the appeal preferred by the petitioner was registered as Appeal No. 69/MPRI Act/A-11/2001. The respondent while challenging the order dtd. 7/2/2001 passed by Learned Labour Court has directed for payment of subsistence allowance as provided under Sec. 65(3) of the CG Industrial Relation Act, 1960 vide order dtd. 15/5/2001 (Annexure P/6) which is mandatory compliance as per the provisions of the Act, 1960. The provisions provides that the employer has to either reinstate the employee or to pay subsistence allowance i.e. last wages drawn by him at the time of termination as per the option of the employer.

(3.) Learned Industrial Court vide its order date 4/7/2005 has dismissed both the appeals. Against that order, the respondent has preferred the writ petition which was registered as WP No. 3216 of 2006. The coordinate Bench of this Court has dismissed the writ petition on 14/1/2019 filed by the Steel Authority of India Ltd. After dismissal of the writ petition by the Single Bench, the respondent issued order dtd. 25/6/2019 directing reinstatement of the petitioner but denying the benefits during the intervening period when Labour Court has ordered for reinstatement on 7/2/2001 till he was actually reinstated on 25/6/2019. The petitioner is assailing this order, so far as the benefits for the intervening period have been denied has filed the petition.