M.Y.EQBAL, J. - (1.) HEARD the Counsel for the parties.
(2.) THE petitioner seeks a direction upon the respondents to calculate the benefits of voluntary retirement (VRS) on the basis of revised pay -scale consequent upon National Coal Ways Agreement -VI (In short 'NCWA'). The petitioner retired from the service of the respondent -CCL as a Forman, Jarandih Colliery. Kathara Area; Bokaro. Under the VRS the petitioner offered to retire which was accepted and the petitioner retired with effect from 20 -5 -1997. After his retirement, in January, 2001 the NCWA -VI came into existence whereby the pay -scale of the employees was revised with effect from 1 -7 -1996. On the basis of NCW Agreement -VI petitioner's salary was also revised and the difference of wages was paid to the petitioner in the month of September, 2001. The petitioner, therefore, claims that the retirai benefits under the aforesaid scheme should also be paid to him on the basis of the revised pay -scale.
(3.) THE respondents, in their counter -affidavit, have stated that under the scheme there is no such provision for payment of revised pay rather under the scheme some ex -gratia payment is made. It contended that the difference of wages was paid to the petitioner for the reason that he was in service upto 19 -5 -1997.;