THE MANAGING DIRECTOR, PUNJAB STATE CIVIL SUPPLIES CORPORATION LTD. AND ORS. Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL AND ORS.

JUDGEMENT

(1.) This order of mine shall dispose of the aforementioned seven writ petitions by a common order as the law point involved in the aforementioned cases is identical. The short point involved in the present cases is whether the Management can withhold the leave encashment of the workman prior and after the superannuation who is facing the departmental or criminal proceedings. The aforementioned questions came to be pondered upon by the Full Bench of this Court in Punjab State Civil Supplies Corporation Ltd. and others v. Pyarelal, 2015 177 PunLR 617 in LPA No. 113 of 2012 wherein this Court while discussing the case law on the point held that in the absence of rules the employer cannot withhold leave encashment except gratuity. The aforementioned decision rendered by the Hon'ble Full Bench in Punjab State Civil Supplies Corporation Ltd. and others' case was sought to be reviewed on the premise that the Punjab State Civil Supplies Corporation Ltd. (hereinafter called as 'the PUNSUP') is governed by the provisions of Punjab Civil Services Rules and as per Rule 8.21(aa) Vol. I, Part I, Chapter-VIII of the Rules, which provide for withholding of the leave encashment. The view expressed by the Full Bench was recalled and the hearing of the LPA which had been filed against the judgment of the Single Bench was re-listed. The Full Bench of this Court vide order dated 11.8.2014 while discussing the case law held that the PUNSUP had a right to withhold the leave encashment being part of the Statutory rules.

(2.) From the perusal of the aforementioned rule it leaves no manner of doubt that it enables the Management/Employer to withhold the leave encashment while disciplinary/criminal proceedings are pending against the employer to meet out the possibility of recovery of said amount.

(3.) Coming to the facts of each case in all the cases the workman had been employed with the PUNSUP as Inspector Grade-I and Grade-II except CWP No. 19842 in which the workman had been employed as Distribution Clerk and retired against their respective posts.