BRAHM DUTT Vs. BHAKRA BEAS MANAGEMENT BOARD

JUDGEMENT

(1.) CLAIMING his date of birth as 1.1.1941, the petitioner seeks quashing of order dated 18.10.1996 (Annexure P -4) whereby, taking date of birth of the petitioner to be 28.2.1929, it was held that the retiral dues such as gratuity, leave encashment etc. shall not be admissible to the petitioner beyond 28.2.1989 and only his share of contribution towards EPF/CPF from 1.3.1989 to the actual date of retirement along with interest on this portion, shall be paid to him. The petitioner has sought all these retiral benefits till the actual date of his service i.e., 8.11.1995 which had gone beyond the date of his retirement i.e. 28.2.1989.

(2.) THIS is the second round of litigation between the parties. In the first round of litigation, deciding CWP No.8725 of 1996 filed by the petitioner, the following order (Annexure P -3) was passed on 12.9.1996 by a Division Bench of this Court: -

(3.) IN terms of the impugned order Annexure P -3, retiral benefits of the petitioner were to be calculated and released within two months therefrom. Order of 18.10.1996 (Annexure P -4), passed by the competent authority in compliance with order dated 12.9.1996 of this Court, is as under: -