DIRECTOR/DIRECTOR IN CHARGE, CENTRAL STATE FARM CORPORATION OF INDIA LIMITED AND ANOTHER Vs. NORANG AND ANOTHER

JUDGEMENT

(1.) Present appeal, at the instance of defendants, is directed against the concurrent findings recorded by both the learned courts below, whereby suit for declaration filed by the plaintiffs-respondents, was decreed.

(2.) Brief facts of the case, as noticed by the learned first appellate Court, in para 3 and 4 of the impugned judgment, are that plaintiffs filed the suit against the defendants with the averments that plaintiffs No.1 and 2 were appointed as Daily Paid with effect from 1.9.1981 and 16.2.1979 respectively by defendant No.1. They were selected as Regular worker on 8.5.1998 and 8.3.1986 respectively and since then they worked on above said posts till their retirement. The plaintiffs further pleaded that the defendants framed the Voluntary Retirement Scheme for its employees which was circulated vide order dated 10.3.2000. The plaintiffs after looking their benefits as per the scheme, opted for voluntary retirement under the said scheme which were accepted vide orders dated 16.8.2002 and 1.5.2003 by defendant No.2 as per the order by giving the plaintiff No.1 an amount of Rs. 93,337/- as Ex-gratia payment, amount of ' Nil towards notice period, amount of Rs. 47,842/- towards gratuity. Plaintiff No.2 was given an amount of Rs. 1,27,278/- as Ex-gratia payment, amount of Rs. 7873/- towards notice period, amount of Rs. 64,268/- towards gratuity. The names of the plaintiffs were struck down from the role of the establishment with effect from 16.8.2002 and 1.5.2003 and no other retiral benefits were made to the plaintiffs and no calculation sheet to determine ex-gratia amount of three months notice emoluments was made available. The plaintiffs further pleaded that they offered for Voluntarily Retirement looking to their benefits under the said scheme dated 10.3.2000 but the full payment of exgratia as well as notice period payment was not paid. Even, they were not paid the correct gratuity amount alongwith leave encashment amount, despite the fact that they had completed all the formalities within the stipulated period for getting the retiral benefits and also made representation before the authority but their request was not considered. The plaintiffs further pleaded that they sent legal notice dated 6.10.2009 to defendants to pay their full retiral benefits after making correct calculation as per Voluntarily Retirement Scheme, but defendants did not pay any heed to their request and sent unsatisfactory reply of the legal notice. Finally, on 24.12.2009 the defendants flatly refused to make the payment of retirement benefits of plaintiffs, hence, the plaintiffs have filed the suit seeking decree for declaration that they be declared entitled to get their retiral benefits like Gratuity, Ex-gratia, Leave Encashment amount, wages of notice period, as per Voluntary Retirement Scheme from the defendants alongwith interest at the rate of 18% per annum from the date of retirement of the plaintiffs till its realization.

(3.) On notice, defendants appeared and filed their joint written statement taking various preliminary objections like cause of action, suit of the plaintiffs being time barred, jurisdiction etc. On merits, the answering defendants submitted that the plaintiffs were relieved from their duties on 16.8.2002 and 1.5.2003 respectively. Plaintiff No.1 had received leave encashment amounting to Rs. 19,675/- on 23.9.2002 and plaintiff No.2 had received leave encashment amounting to Rs. 26,339/- on 14.7.2003 and at the time of receiving the benefits, the plaintiffs had never raised any protest or objection in this regard. The defendants further submitted that the plaintiffs had never demanded any calculation sheet to determine Ex-gratia amount up to the time of receiving the amount of retiral benefits and even after that. The plaintiffs never made any representation to the competent authorities under the payment of Gratuity Act, 1972 after their retirement. The plaintiffs were made full payment of Ex-gratia as well as notice period payment and correct amount of gratuity and leave encashment, as per law. The answering defendants further pleaded that they had replied the legal notice dated 6.10.2009 to the counsel for the plaintiffs vide letter No. CSF/1-196/Endst./09-1466 dated 24.11.2009. Rest of the averments of the plaint were denied and dismissal of the suit was prayed for.