BHARAT COKING COAL LIMITED Vs. GOPESHWAR RAJAK

JUDGEMENT

(1.) In view of outbreak of COVID-19 pandemic, these cases have been taken up through Video Conferencing. Concerned lawyers have no objection with regard to the proceeding, which has been held through Video Conferencing today at 10:30 a.m. onwards. They have no complaint in respect to the audio and video clarity and quality.

(2.) The petitioner (Bharat Coking Coal Limited in both the cases) has approached this Court for quashing of the judgment dtd. 31/8/2018, passed by the learned Labour Court, Dhanbad in M.J. Case No. 34 of 2010 and M.J. Case No. 36 of 2010 respectively whereby and whereuner learned Labour Court has been pleased to allow the applications filed by respondent No.l (in both the cases) under Sec. 33.C (2) of the Industrial Disputes Act directing the petitioner and Respondent No.2 to pay the difference to the tune of Rs.24,035.40 and Rs.66,012.30 respectively within a period of 60 days from the date of passing of order failing which the same shall bear simple interest @ 9% per annum.

(3.) As per factual matrix, applicants, namely, Shri Gopeshwar Rajak and Shri Habu Rajak, respondent No.l herein in both the cases were initially appointed on 17/10/1971 and their date of birth are 4/11/1940 and 24/5/1944 respectively. They retired from service under VRS, BPES w.e.f. 8/11/1999 and 20/11/1999 respectively from Maheshpur Colliery under Govindpur Area No. Ill of M/s BCCL. They continuously rendered their services for 28 years and 21 days i.e. 28 years and 28 years 01 month and 03 days respectively. They retired from the service 11 months and 26 days and 4 years 06 months and 04 days respectively prior to their actual date of superannuation. The applicants have claimed last wages i.e. Rs.245.51 per day as per NCWA-VI drawn at the time of taking VRS, however, the company has paid Ex-gratia payment/Monetary Terminal Benefit as provided under VRS on the basis of last pay drawn under NCWA-VI which has been enforced with retrospective effect i.e. w.e.f. 1/7/1996, which covers the date of retirement of the applicants and therefore, company is liable to pay Ex-gratia payment on the basis of last pay drawn under NCWA VI. The applicants have also claimed the amount deducted towards PF under NCWA-VI. Against non-payment of the said amount, the applicants had moved before the Labour Court, Dhanbad by filing M.J. Case No.34 of 2010 and M.J. Case No. 36 of 2010 against one of the Coal Unit of BCCL namely Maheshpur Colliery under Govindpur Area No.III at Dhanbad and the Office of Coal Mines Provident Fund Dhanbad for computation of dues/wages and other benefits including the Provident Fund in the light of National Coal Wages Agreement (NCWA) V and VI read with Voluntary Retirement Scheme (VRS).