CHIEF GENERAL MANAGER, SECL Vs. BALBIR PRASAD PAL

JUDGEMENT

(1.) IN these nine writ petitions petitioner/South Eastern Coalfields Ltd. and others have assailed the awards passed by the Labour Court, ShahdoL Labour Court has directed encashment of earned leave which was accumulated by the workman.

(2.) THE facts are being illustrated from WPS No. 1221/2003. It is averred in the petition that South Eastern Coal Fields Ltd. is a company registered under the Companies Act and is subsidiary of Coal India Ltd. Workman Shri Balbir Prasad Pal filed an application under section 33C(2) of Industrial Disputes Act, 1947 (hereinafter referred to as "ID Act") claiming an amount of Rs. 24,867/ - on account of "70 days" earned leave encashment. He worked as Sr. Loading Supdt. in Amali Colliery and retired with effect from 1.1.1999 after attaining the age of superannuation. Workman claimed that he was entitled for 15 days' earned leave yearly, accordingly 70 days' leave has been accumulated which he could not avail, therefore, he is entitled for payment of Rs. 24,867/ -. In the application (P -l) filed before the Labour Court it was stated that the total period accrued on account of earned leave was 70 days and application was made to avail the leave but it was not sanctioned hence could not be utilized.

(3.) A return has been filed by respondent No. I -workman. It is contended in the return that quantum of leave due was not disputed. Provision of section 33 -C(2) of ID Act is applicable. Computation has been made in terms of section 52 of the Mines Act. National Coal Wage Agreement was made applicable with effect from 1.7.1996 to 30.6.2001, though it was signed on 23.12.2000. Retirement was made' when National Coal Wage Agreement VI was in force. Vth agreement expired on 30th June, 1996. Employees who have retired in the intervening period from 1.7.1996 to 30th June, 2001 are governed by the provisions of Mines Act as well as provision of National Coal Wage Agreement VI (R -l/l). Clause 6 of the agreement makes the provision of annual leave with wages. Clause 6.1 lays down that annual leave with wages will be continued to be governed by the provisions of Mines Act, 1952. Clause 6.2 of the agreement provides that prevalent practice in respect of earned leave, casual and paid festival holidays will, however, continue if more favourable. Clause 6.3.0 deals with the provision of accumulation/earned leave/annual leave with wages. It is provided therein that existing provision relating to accumulation of earned leave/annual leave will be upto 100 days. Management cannot take advantage of clause 12.3.1 of Chapter XII which deals with the general provision of encashment of earned leave. Management cannot act arbitrarily, thus, award passed is proper, no interference is called for in these writ petitions. In certain other cases, the employer has accepted the award passed by the Labour Court without challenging it before this Court. In case of Dwarika Prasad Rai amount has been paid. Petitioners cannot pick and choose.