- (1.) The petitioner, Bokaro Karmchari Panchayat, a registered Trade Union, has preferred this application in a representation capacity against Circular, dated 28th August, 2000 issued by the Assistant General Manager (Personnel), whereby and whereunder, certain decision given for recovery and non-payment of half pay leave and additional dues.
(2.) As the case can be disposed of on short point, it is not necessary to discuss all the facts, except the relevant one.
(3.) A number of employees, members of petitioner-Union were In services of the respondents Hindustan Steel Works Construction Ltd. (HSCL), posted at Bokaro. While so functioning, the respondents HSCL came out with a Voluntary Retirement Scheme (VRS). vide Circular No. GM (P&A)/ESTT/16/18. dated 10th November, 1988. Benefits on obtaining voluntary retirement under such scheme of 1988 was prescribed and allowed to those, who obtained retirement in terms with such scheme. The respondents HSCL subsequently issued a Circular No. PER/RR/531 on 18th November, 1993 and extended time to apply for voluntary retirement in terms with the old scheme up to 31st December. 1993. In order to improve the financial package and to provide counselling support to the individuals after voluntary separation, the respondents decided to extend further relaxation and support services making the same available to employees, who have applied for voluntary retirement, but have not been released as on the date of circular (18th November, 1993). The financial package and counselling support as was prescribed in the said Circular, dated 18th November, 1993, apart from the benefits shown in 1988 scheme are. as follows - "3.1 Travelling & Transportation expenses for settlement.--At present the employees on superannuation or on separation through VRS are given reimbursement of travelling expenses and cost of transportation of personal effects (by shortest route) to the recorded home town only (as per entitlement). This payment is being released as one-time payment at the time of such separation. If, the employees are opting for VR, they will be entitled to reimbursement of travelling expenses and cost of transportation of personal effects (by shortest route & as per entitlement) either to recorded home-town or to the place where children of the employees are settled or to any other place in India on the employee's certification as to the intended place of settlement except far fetched places like Andaman and Nicobar. Lakshadweep and Minicoy Islands. Such payment will continue to, be treated as one-time payment. 3.2 Half-pay leave.--Employees opting for VR will be permitted to encash half-pay leave subject to the condition that commuted leave during the entire period of service shall be limited to a maximum of 180 days. For the purpose of encashment commuted leave already availed of will be deducted from the limit of 180 days. For this purpose, for the workmen, who are covered by Standing Orders/Administrative Orders, the accumulation and commutation of half-pay leave shall be governed by the provisions of such orders of the specified units/offices. 3.3 Earned leave for workmen.--Such workmen as are covered by Standing Orders/Administrative Orders of the specified units/offices and who will opt for VR will be deemed to have earned, for the period prior to 1.10.1989 additional 15 days' earned leave or equivalent thereof per year corresponding to earning of 1 day's earned leave for every 20 days of actual work performed, and such additional leave may be permitted to be encashed. This is, however, subject to an accumulation of 240 days as per rules. Benefits of this additional leave and its encashment is only in the event of voluntary separation under the scheme by such workmen within 31.12.93, For the period with effect from 1.10.1989, the existing rules will continue to prevail, i.e., the additional leave of maximum 15 days shall not be allowed to be accumulated or encashed. 3.4 Employees Resources Centre (ERC) for workers & non-executives.--To provide support services in the form of counselling, information, guidance, advice, etc. for regeneration of separated employees after VR in their respective trades, vocations, self-employment ventures, investment portfolio, etc. Employees Resources Centres will be opened at Bokaro and Bhilai. Such employees will also be provided with Employee Identity Cards containing the profile of employees' educational/technical/vocational/professional qualification, skills preferences, etc. If groups of such individuals form Cooperative Societies, they may be considered on case-to-case basis for award of jobs that are available. If, such employees opt for utilising the services of ERG, where necessary, they may be paid a stipend. It is once again brought to the notice of all that the aforesaid benefits and services would be available to only employees, who opt for VR Scheme within the extended date i.e., 31.12.1993 and also provided that responses from the employees are significant. Considering the opportunities and avenues available, realise that loss of job does not mean loss of income and the individual continues to remain a useful productive member of the community. It is, therefore, a fervent appeal to the conscience of all to come forward and willingly opt for VR to utilise the life- time opportunity. All illustrative statement highlighting the benefits arising out of the above relaxations as compared with the earlier benefits on the subject is enclosed. The statement is an indicative one, based on certain assumptions. This issues with the approval of the competent authority.";