M/S CENTRAL COALFIELDS LIMITED, DARBHANGA HOUSE, RANCHI THROUGH SRI ANAND KUMAR ROY, PROJECT OFFICER, RAJRAPPA WASHERY, RAMGARH Vs. MUNI RANA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the Respondent- Workman.

(2.) In a proceedings under Sec. 33-C (2) of the Industrial Dispute Act, Learned Presiding Officer, Labour Court, Hazaribag in M.J. Case No. 5/02 has by the impugned order dated 27.1.2005 (Annexure -4) proceeded to hold that the applicant- workman is entitled to leave encashment amount of 180 days in view of the Implementation Instruction No. 23 dated 30.8.1990 at Annexure-3, which reads as under :-

(3.) There was a dispute as to whether the instant Implementation Instruction No.23 applies to the present workman/ respondent or not. According to the Management, the benefit of accumulation and encashment of leave up to 180 days in the event of retirement, death, resignation and medical unfitness applies to the workmen who were appointed or came over to monthly cadre between 1.10.1956 and 14.8.1967. The undisputed fact of the present case show that the applicant workman was appointed on the post of Helper Category-II on 18.1.1959 as daily rated worker. He was promoted as Operator Grade-I w.e.f. 19.12.1959 and thereafter to the post of Charge-man in the Wage Board Scale of Rs. 245-440 w.e.f 1.1973 by office order dated 20.197 The Management took a categorical plea that applicant workman had came into monthly scale of pay on 1.1973 by way of promotion as Charge-man. Learned Labour Court however held that the applicant workman appointed on 18.1.1959 and promoted as Operator on 19.12.1959 would be treated to be entitled to the benefits of leave encashment as per the Implementation Instruction No.2 There was a clear legal issue to be adjudicated upon whether the Implementation Instruction No. 23 dated 30.8.1990 applies to the case of the present applicant on the interpretation of the expression used therein. Learned Labour Court however opined in favour of the workman that since the applicant was appointed in the year 1959, he is entitled to leave encashment of 180 days.