SUPERINTENDING ENGINEER METTUR ELECTRICITY DISTRIBUTION CIRCLE TAMIL NADU ELECTRICITY BOARD Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) IN all these writ petitions, the second respondent workmen were all retirees from the Tamil Nadu Electricity Board [for short 'Board']. After the pension scheme was introduced to them with effect from 01.7.1986, they are governed by the Pension Rules evolved by the Board. Before the introduction of the pension and Death cum Retirement Gratuity (for short, 'DCRG'), they were paid Contributory Provident Fund [for short, 'CPF'], together with a special contribution paid by the Board for the long service put in by the persons who were paying CPF. IN addition to that, they were eligible for gratuity under the Payment of Gratuity Act, 1972 [for short, 'Act'].

(2.) HOWEVER, the Board has got an exemption from the application of the Act with effect from the date of the Act. The Pension Rules themselves show that they will not apply to persons who are covered by the CPF scheme. In view of the fact that the petitioners were brought under the Pension Scheme, the amounts standing to their credit in the CPF account were transferred to the pension account.

(3.) UNMINDFUL of these factors, the respondent workmen have approached the Labour Court. Despite the fact that the writ petitioner Board contended that they are not eligible for double benefit and it was also brought to the notice of the Court that these workmen have been paid family pension and DCRG, the Labour Court without application of mind, computed the amounts without there being any legal entitlement in favour of the workmen. They also relied upon some unreported decisions of this Court in support of their contention. However, the writ petitioner Board has filed a batch of writ petitions challenging the order of the first respondent Labour Court in computing the amounts in favour of the workmen.