NIZAM SUGARS LTD Vs. CHELIKANI SRI RANGANAYAKULU

JUDGEMENT

(1.) The petitioner questions the order dated 20-2-2002 passed by the Industrial Tribunal-cum-Labour Court, Visakhapatnam in M.P. No.58 of 2000.

(2.) The first respondent herein was an Ex-employee of the petitioner-Nizam Sugars Limited who took voluntary retirement under Voluntary Retirement Scheme (in short 'V.R. Scheme'), introduced by the petitioner in 1996. As per the Scheme, the petitioner paid the entire exgratia payable to the first respondent. It is stated that after retirement under V.R. Scheme, the first respondent made a demand vide his notice dated 6-9-1996 stating that the management granted him exgratia at the time of voluntary retirement by calculating daily wages after taking into account the last drawn wages per month divided by 30 days instead of 26 days and thus, there is a difference in payment of exgratia amount of Rs.31,447.80 Ps., payable to him. As no reply was given to the said notice dated 6-9-1996, the first respondent filed an application in M.P.No.58 of 2000 on the file of the Industrial Tribunal-cum-Labour Court, Visakhapatnam under Section 33-C(2) of Industrial Disputes Act for payment of differential exgratia amount of 45 days under Voluntary Retirement Scheme. The said application was allowed by an order dated 20-2-2002, against which, this writ petition is filed.

(3.) It is the case of the first respondent that the petitioner company has incorrectly calculated the exgratia amount payable to him. As per the V.R. Scheme, daily wages are to be ascertained by dividing the last drawn monthly wages by 26 days, but not by 30 days as calculated by the management.