SUPERINTENDING ENGINEER Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THESE petitions are filed to quash the awards of the labour Court, Cuddalore, dated 28. 11. 1995, 28. 11. 1995, 29. 2. 1996 and 29. 2. 1996 in Claim Petition Nos. 216/92, 362/92, 61/93 and 8/95 respectively.

(2.) THE second respondent in each of the cases were employed in Tamil Nadu Electricity Board and retired on superannuation; they were paid all the retirement benefits. Several years after their retirement, claim petitions were filed under Section 33-C (2) of the Industrial Disputes act, claiming an amount as payable towards special contribution. THEy claimed that on the basis of Regulation 37 of the Tamil Nadu Electricity Board employees Contributory Provident Fund Regulations, they were entitled to receive the amount as special contribution. As per the Board Proceedings, special contribution is payable taking into account only a portion of D. A. together with basic pay for each completed year of service and it is payable subject to the maximum of 15 months pay. Accordingly, it was sanctioned to them. THE Labour Court without properly considering the scope of Regulation 37 of the said Regulations and without referring to the contentions raised by the Board, directed the petitioner to pay the amount. Hence, the present writ petitions. 2. THE respondents are not present in spite of service of notice on them. THErefore, the Orders are passed on the basis of the arguments advanced by the petitioner.