MANGAT RAM Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Civil Writ Petition Nos. 6372 and 10360 of 1993 can be decided by a common order. Mangat Ram joined service on May 8, 1952, on work-charged basis. On January 1, 1992, the respondent No. 2 viz. Bhakhra Beas Management Board regularised his services. On April 30, 1990, the petitioner retired on attaining the age of 58 years. The employees were initially governed by the Employees Provident Fund-Contributory Provident Fund Scheme. It was later on converted into General Provident Fund Scheme. On regularisation of services, the petitioner was given an option along with the other employees to get pension. Accordingly, the petitioner exercised his option for the payment of pension and surrendered the employer's share of the Provident Fund. He further claimed that he was entitled to the benefit of gratuity under the Payment of Gratuity Act, 1972. He approached the controlling authority under the Act. Vide order dated July, 24, 1991, it was held by the controlling authority that the petitioner was entitled to receive gratuity. The management deposited an amount of Rs. 33,825/- in the bank account of the petitioner and the remaining amount of Rs. 16,175/- with the Assistant Labour Commissioner (Central) which is the controlling authority under the Act on September 19, 1991. They also filed an appeal before the Regional Labour Commissioner against the order of the controlling authority. The appeal was rejected. Thereupon, the management stopped paying pension w.e.f. April 1, 1992. The petitioner has approached this Court through Civil Writ Petition No. 6372 of 1993 with a prayer that the respondent-Board be directed to restore the payment of pension. On the other hand, the respondent-Board has filed Civil Writ Petition No. 10360 of 1993 for the quashing of the orders passed by the controlling and appellate authorities.

(2.) Mrs. Sheila Didi, learned counsel for the petitioner in CWP No. 6372 of 1993, states that if the respondents restore the payment of pension w.e.f. April, 1, 1992, she would not press for the payment of gratuity as ordered by the controlling authority under the Act. She further states that the amount of gratuity already paid to the petitioner may be adjusted towards the amount of pension.

(3.) Mr. N.S. Bawa, learned counsel for the respondents in CWP No. 6372 of 1993 states that the payment of pension shall be released with effect from April 1, 1992. He further states that the amount of money already paid to the petitioner shall be adjusted towards the arrears of pension and if anything is found due to the petitioner, it would be paid within four weeks from today.