SUPERINTENDING ENGINEER Vs. PRESIDING OFFICER LABOUR COURT SALEM

JUDGEMENT

(1.) TAMIL Nadu Electricity Board seeks Writ of Certiorari to quash the Award of the Labour Court, Salem in C. P. Nos. 34 and 41 of 1998 dated 08. 03. 1999 and 28. 12. 1998 respectively.

(2.) BACKGROUND facts which led to the filing of the Writ Petitions are as follows The second Respondent [s] entered service in Tamil Nadu Electricity Board in 1964 and 1972 respectively. The second Respondent [s] have retired on superannuation on 31. 01. 1989 and 28. 02. 1995. According to the employees, as per regulation 37 of Tamil Nadu Electricity Board Contributory Provident Fund Regulations framed as per I. D. Act 1965, they are entitled to Special Contribution at the rate of 15 days salary per year of service. Referring to the Supreme Court judgment dated 10. 05. 1989 SC @ 1388 [kathija Be Vs. T. N. E. B], the second Respondent [s] filed Claim Petition under Section 33c (2) of I. D. Act before the Labour Court, Salem.

(3.) THE Claim Petition was resisted by Tamil Nadu Electricity Board referring to the pensionable scheme and non pensionable scheme. According to the Department, the second Respondent [s] received all terminal benefits available to them under pensionable service and they have received the amount standing to their credit in the General Provident Fund account with interest and the second Respondent [s] are not entitled to claim special contribution fund.