MURUGESAN S Vs. FIRST ADDITIONAL LABOUR COURT MADRAS

JUDGEMENT

(1.) THE Order of the Court was as follows : THE writ petitioner, who is no more and who is stated to have died pending writ petition, filed an application in C.P. No. 436 of 1989 under Section 33-C(2) of the Industrial Disputes Act before the Labour Court, Madras for computing the benefits due to him arising out of a scheme called Voluntary Retirement Scheme framed by the respondent. That application was dismissed and the correctness of the said order is being challenged in this writ petition before this Court. In this order the parties to the proceedings would hereinafter be referred to as the workman and the company respectively as they are arrayed before the Labour Court. Heard the learned counsel on either side. THE case of the workman, as placed before the Labour Court, is that, he joined the services of the company on December 12, 1955 and retired on June 21, 1986 under Voluntary Retirement Scheme as a Clerk. THE Scheme provides for, among other things, ex-gratia payment and souvenir on the basis of the service eligibility as per the Rules. For those, who have put in 30 years of service and above a larger benefit is granted to the workmen and for those, who have put in 25 years of service but less than 30 years of service, a lesser benefit is granted. Counting his service from December 12, 1955 and ending with June 21, 1986, the case of the workman is that, he had put in 30 years of service and therefore he is entitled to a larger payment under the head "ex-gratia payment and souvenir". THE objection of the company is that the workman joined the services of the company only on July 2, 1956 and counting his period of service from that date till he retired voluntarily on June 21, 1986, his period of service will be lesser than 30 years by a few days, his claim on that head was settled on the basis of his having completed 25 years of service but below 30 years of service.On the side of the workman, he examined himself as W.W. No. 1 before the Labour Court. He had marked two exhibits namely, W.Es. 1 and 2. On the side of the company, a Senior Executive was examined as M.W. 1 and as many as 10 exhibits namely, M.Es. 1 to 10 were marked. THE Labour Court, on going through the oral evidence placed before it and also applying its mind to the documentary evidence, came to the conclusion that the workman had joined the services of the company only on July 2, 1956 as contended by the company. On that basis the Labour Court dismissed the claim petition, since admittedly the company had settled the claim of the workman on the basis of his having put in above 25 years of service and below 30 years of service. THE only question that arises for consideration in this writ petition is whether the date of service of the workman from December 12, 1955 should be taken into account for the purpose of counting his total years of service in the company or his date of entry into the company namely, July 2, 1956 should be taken into account for the very same purpose " It is better, I extract hereunder the relevant portion in the Voluntary Retirement Scheme as well as the Rule on which both the parties rely upon. THE Voluntary Retirement Scheme had come into force on May 15, 1986 and it was to be in force till June 9, 1986. Paragraph 2.1 of the Scheme reads as follows : 2.1. THE voluntary retirement scheme shall cover all workmen, viz., non-covenated staff. Lower Grade Employees drawing staff rates of Dearness Allowance and all other Lower Grade Employees home on the regular rolls of the Establishment of Madras and sought Indian Branches/Branch Offices/Depots/Fertiliser Mixing Works/Seed processing units of E.I.D. Parry (India) Limited." Paragraph 3.2 of the Scheme reads as follows :" 3.2. Ex-gratia payment and souvenirs on the basis of service eligibility as per rules. "THE Rule referred to in Paragraph 3.2 of the Scheme is found at Page No. 21 of the booklet and it is extracted hereunder :" Ex-gratia Payment : This will remain at two months' Basic Pay and Dearness Allowance for those who have completed 30 years or more of service. However in the case of those employees with over 25 years of service but less than 30 years of service, it has been decided that we now allow one month's Basic Salary and Dearness Allowance as exgratia payment.