- (1.) The matter has been heard with the consent of learned counsel for the parties through video conferencing. There is no complaint about any audio and visual connectivity. L.P.A. No.263 of 2019 The instant intra-court appeal is directed against the order/judgment dated 25.01.2019 passed by the learned Single Judge of this Court in W.P.(S) No.5647 of 2014, whereby and whereunder, the writ petition has been dismissed denying the claim of the writ petitioner for the following reliefs:- (i) For issuance of an appropriate writ(s)/order(s)/direction(s) directing and commanding upon the respondents' authority for payment of:- (a) Full salary for the period commencing from 22.07.1997 to 04.09.1997 with interest thereon from the due date to till the payment of the same. (b) Amount of House rent allowance from 05.09.1997 to till the date of superannuation i.e. 31.01.2011 with interest thereon till the payment of the legally payable H.R.A. as per the relevant National coal wage agreement entered between the employer/respondents and the workmen represented through the registered union. (c) Amount of C.M.P.F. for the period August 1997 to January 2011 with statutory interest thereon till the date of payment. (d) Amount of conveyance Reimbursement from Sept. 1997 to Jan. 2011 as per the relevant National coal wage agreement (in short N.C.W.A.) entered between the employer/respondents and the workmen represented through the registered union. (e) Amount of accumulated earned leave encashment of 70 days and interest thereon. (f) Payment in lieu of profit sharing Bonus from Sept. 1997 to Jan. 2011 as per chapter-II of the N.C.W.A. (ii) For issuance of an appropriate writ(s)/order(s)/direction(s) directing and commanding upon the respondents authority to fix the monthly pension of the petitioner as per the provisions of the Coal Mines Pension Scheme 1998 and also to pay the arrears of amount of monthly pensions since February 2011 and statutory interest thereon. (iii) For issuance of an appropriate writ(s)/order(s)/direction(s) directing and commanding upon the respondents authority for issuance of Medical Card in the name of the petitioner/ a retired workmen and his spouse to avail OPD facilities as available in coal companies' dispensaries/hospitals.
(2.) The brief facts of the case required to be referred herein read as hereunder:- The writ petitioner was appointed under the respondent Management as LDC (Grade-II) on 02.01.1974. He has been dismissed from service vide order dated 05.09.1997. The writ petitioner has raised an Industrial Dispute which was referred for adjudication to the Central Government Industrial Tribunal No.II, later on, was transferred to the Central Government Industrial Tribunal No.I at Dhanbad being reference case no.42 of 2010 for adjudication of the following reference:- "Whether the action of the management of Pindra Colliery of M/s Central Coalfields Limited in dismissing Sri Sarju Saw, Clerk Grade-II from the services of C.C.L w.e.f. 05.09.1997 is justified? If not, what relief the workmen concerned is entitled to?" The Tribunal has answered the reference in the following terms which reads as hereunder:- "In the result, I hold that the action of the management of Pindra Colliery of M/s Central Coalfields Limited in dismissing Sri Sarju Saw, Clerk Gr.II from the services of M/s CCL, w.e.f. 05.09.1997 is not justified. Accordingly, the concerned workmen is entitled to be reinstated in service with 75 per cent back wages. Since the concerned workmen has crossed the age of superannuation, the management is directed to pay him 75 per cent back wages from the date of his dismissal from service till the date of his superannuation." The Management had preferred a writ petition before this Court being W.P.(L) No.2761 of 2012 assailing the award dated 30.12.2011 passed in reference case no.42 of 2010 which was dismissed vide order dated 08.10.2012 by the learned Single Judge of this Court, against which, letters patent appeal had been filed being LPA No.238 of 2013 and a Coordinate Division Bench of this Court has modified the award making payment of 75 per cent back wages reducing it to 50 per cent back wages. The Management had preferred Special Leave to Appeal (Civil) before the Hon'ble Apex Court being SLP(Cvl.) No.(S)12159 of 2013 which was dismissed vide order dated 08.05.2014 granting liberty to the respondent-Management to make payment to the writ petitioner in terms of the impugned award, in pursuant to the order passed in LPA No.238 of 2013 within four weeks from the date of order. The writ petitioner, thereafter, had filed an application on 15.05.2014 before the respondent no.3 and prayed for payment of 50 per cent back wages in terms of the order dated 25.02.2014 passed in LPA No.238 of 2013 and in compliance to the order passed by the Hon'ble Apex Court in SLP(Cvl.) No.(S)12159 of 2013. The writ petitioner had been requested to collect the cheque no.016228 dated 03.06.2014 amounting to Rs.11,20,069.39/- of Bank of India towards 50 per cent back wages and after having received the said amount requested for supply of detailed calculation at the earliest. Further request has been made for payment of amount of earned leave encashment which remained outstanding and not availed. The respondent Management in response to the application dated 09.06.2014 for payment of the amount of earned leave encashment, served a letter dated 20/21.06.2014, wherein it has been mentioned that in the light of the order of the courts, 50 per cent back wages from the date of his dismissal from service till the date of superannuation has already been paid. The writ petitioner, thereafter, had submitted an application before the respondent no.5 on 08.07.2014 requesting therein to pay the salary for the period from 22.07.1997 to 04.09.1997 and during this period, the writ petitioner having put under suspension. The writ petitioner had also made an application under the provision of Right to Information Act to obtain calculation sheet of 50 per cent back wages and therefrom, he came to know that only 50 per cent of the minimum wages has been paid and as such, he has made an application before the respondent no.3 on 20.08.2014 praying therein to disburse the amount of gratuity, CMPF, pension, subsistence allowance, leave encashment of the earned leave, HRA, increment benefit and to issue medical card etc. but has not been paid by the Management and as such, the writ petition has been filed seeking redressal of the aforesaid grievances being W.P.(S) No.5647 of 2014, in the aforesaid writ petition the Management has appeared and filed a detail counter affidavit stating inter-alia therein that as per the award which has been confirmed by the Hon'ble Apex Court, the 50 per cent back wages have already been paid, as such, nothing is now to be paid to the writ petitioner. The learned Single Judge of this Court has passed the order by dismissing the writ petition holding therein that in pursuant to the order passed by the Tribunal duly been confirmed by the Hon'ble Apex court, the entire amount has been paid and as such, there is no reason to issue fresh direction for disbursement of the amount for which the writ petitioner is claiming therein. The aforesaid order passed by the learned Single Judge is the subject matter of the instant intra-court appeal.
(3.) Mrs. M.M. Pal, learned Senior Counsel appearing for the writ petitioner has submitted that since the award is of reinstatement in service and as such, he is entitled to get all the benefits presuming the writ petitioner to be in service and thereby, the claim has been raised but the same has not been considered in the right perspective which the learned Single Judge has also not appreciated and only limited the grievance to the extent of 50 per cent back wages to be paid in favour of the writ petitioner which cannot be said to be justified, hence, this intra-court appeal. According to her, the moment the award has been passed for reinstatement, the workmen would be treated to be in service and thereby, all the entitlement pertaining to claim to the public servant who is in service will also be paid to the writ petitioner. ;