ROSHAN MAHATO Vs. CHAIRMAN CUM MANAGING DIRECTOR

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioner in this writ application has prayed for a direction upon the respondents to pay him his post retiral dues for the continued period of service from 01.01.1969 to 01.01.1971, difference of monetary benefits, difference of Gratuity, difference of P.F, difference of salary for 01.07.1996 to 29.07.2000 and arrears of pension as per the wages last drawn under N.C.W.A.-VI.

(3.) The petitioner was admittedly employed under the respondent B.C.C.L. and he had retired from service by obtaining voluntary retirement, as informed by the respondents in their counter affidavit. From the perusal of the counter affidavit it appears that in absence of specific date regarding the date of entry of the petitioner in service, the date 01.07.1969 being the middle of the year, has been considered for the purpose of calculation of Gratuity and his retiral benefits. It is also stated that if the petitioner provides any reliable document in proof of his claim that he had entered in service on 01.01.1969, the same may be considered by the concerned authorities of the respondents. As regards the claim for dues of Gratuity and monetary benefits on account of pay revision as per N.C.W.A.-VI, it is stated that an approximate calculation of a sum of Rs. 19,488/- has been made subject to the verification by the Finance Department of the Unit. The petitioner is required to submit an application in prescribed form annexing therewith photocopy of the first two pages of the Savings Bank Account of a Nationalized Bank in which he desires to draw the amount. It is further stated that as regards the revised P.F., pension, the petitioner needs to apply in prescribed form so that the same can be forwarded to the office of the Regional Commissioner, Coal Mines Provident Fund, Dhanbad who is the only authority for disbursement of P.F. and pension. As regards the petitioner's claim for Gratuity and monetary benefits as per the VRS, the same has been paid to him with effect from 01.07.1969 to 29.07.2000 by assessing a total amount of Rs. 2,29,063.60. The aforesaid amount includes earned leave and LLTC/LTC.