LALJIT BHUIYA Vs. BHARAT COKING COAL LTD

JUDGEMENT

(1.) In this writ application, the petitioner has prayed that he should be given the full voluntary retirement dues by calculating the same with effect from his original and initial date of appointment, i.e., 9.4.1973 and not from 1.1.1989, i.e., the date on which he was absorbed.

(2.) THE petitioner has further prayed for similar calculation on the leave encashment amount taking 9.4.1973 as the date and also to pay the remaining amount enuring to his benefit under the V.R.S. Scheme by taking into account the actual length of service.

(3.) THE petitioner has further stated that even in the From 'B' Register the year of the petitioner's appointment has been mentioned as 1973 and in support of the aforementioned contention the petitioner has referred to Annexure 'A' of the counter affidavit which is the relevant portion of the said register brought on record by the respondents themselves. The petitioner submits that in this document it has been mentioned 19.11.1973 which means that this was opened on that date but, the fact remains that he was actually appointed on 9.4.1973 as is apparent from Annexure -1 appended to the writ application as also the calculation sheet brought on record by the respondents themselves vide Annexure 'C' which says that the date of appointment is 9.4.1973.