WEST BENGAL LABOUR WELFARE BOARD Vs. MAHASIN MALLICK

JUDGEMENT

(1.) At issue before the Hon'ble Single Bench was the inaction on the part of the present appellant/the West Bengal Labour Welfare Board (for short 'the Board') to pay the writ petitioner/present respondent in this appeal the commuted value of his pension.

(2.) The respondent/writ petitioner retired after 37 years of service with the Board on the 28th of February, 2013. Post his retirement the petitioner/respondent agreed to receive 40% of the commuted value of the pension, as prayed for by him in terms of the applicable provisions.

(3.) The Hon'ble Single Bench ruled against the Board by, inter alia, holding that till the pension regulations of the Board are framed, in terms of the Sec. 18 of the West Bengal Labour Welfare Fund Act, 1974 (for short 'the 1974 Act'), the conditions of service of each staff of the Board shall be governed by the Rules made by the State Government. The Hon'ble Single Bench further held that since the State Government employees are entitled to enjoy the commuted value of their pension in terms of the Death cum Retirement Benefit Rule, 1971 (in short 'DCRB Rules, 1971'), such rules shall continue to apply in respect of the writ petitioner till separate regulations are framed by the Board following Sec. 18 (supra).