JOGENDRA SINGH Vs. TINPLATE COMPANY OF INDIA LTD.

JUDGEMENT

(1.) Heard Mr. M.A. Khan, learned counsel for the petitioner and Mr. Manish Kumar, learned counsel appearing for the respondent.

(2.) In this writ application, the petitioner has prayed for quashing of the order dated 30.10.2009 passed by the learned Presiding Officer, Labour Court, Jamshedpur in M.J. Case No. 17 of 2007, by which the claim of the petitioner for 100 months wages in the basic wages of Rs. 3722/- per month and dearness allowances plus V.D.A amounting to Rs. 1789/- per month in place of 60 months wages has been rejected.

(3.) The petitioner had submitted a statement of demand before the competent authority of the respondent- company and subsequently had filed an application under Section 33-C(2) of the Industrial Disputes Act in which it has been stated that he was employed in the respondent-company from 18.02.1964 in the sheerer opener department. It has been stated that under threat, coercion and duress the petitioner was forced to accept the Voluntary Retirement Scheme even though the petitioner had a few years of service left as per the contract of employment under the Certified Standing Orders. It has also been claimed that at the time of cessation of service the petitioner was drawing a basic wage of Rs. 3722/- per month and D.A. + VDA @ Rs. 1789/- per month besides other allowances and benefits. The petitioner has further claimed in his application that he was entitled to receive the difference of monetary benefits on the basis of a pre-existing right.