P CHANDRASEKARAN Vs. PRESIDING OFFICER ADDITIONAL LABOUR COURT

JUDGEMENT

(1.) The petitioner has filed the present writ petition challenging the order passed by the I Additional Labour Court, Chennai in connection with the order dated 07.04.2004 passed in C.P.No.34 of 1998 and IA No.93/02 and quash the same and direct the respondent to pay all the pensionary benefits to the petitioner as paid to other employees as per the Office Order No.26 with interest at 18% per annum.

(2.) The claim of the petitioner is that he is entitled to pension for the period from 01.01.91 to 31.12.97 amounting to Rs.1,07,520/- and the General Office Order No.26 provides for payment of retiring allowance to employees, who retired, on reaching the age of superannuation with 30 years of service or more. The said General Office Order No.26 also provides for gratuity to permanent employees, who were in the company's service prior to 01.01.1947.

(3.) In the year 1968, the workmen of the respondent company raised an Industrial Dispute demanding that all the employees irrespective of their date of entry into service should be given right to exercise option either gratuity or in lieu of gratuity for retiring allowance. The said dispute was referred to the Industrial Tribunal, Madras for adjudication. In the meanwhile, the payment of Gratuity Act came into force with effect from 16.09.72 and award was passed holding that as gratuity was statutorily payable, there is no question of any employee opting for retiring allowance in lieu of gratuity. The said award was challenged by the workmen in W.P.No.46968/75 and the same was dismissed on 19.10.78. Thereafter, the said order was not challenged by the workmen. The petitioner was also a party to the dispute in I.D.55/68 and the judgment of this Court in W.A.No.4696/75 dated 19.10.78. Both the workmen and the management of the respondent company applied to the Government of India seeking exemption from the provisions of payment of Gratuity Act, so that the eligible employees could have an option either for payment of gratuity or in lieu of gratuity for payment of retiring allowance. But, the Government of India rejected the application to grant exemption.