AMARESHWAR SAHAY, J. - (1.) SINCE a common question is involved in both the writ applications and, therefore, both the writ petitions were heard together and are being disposed of by this common judgment. Relevant facts of C.W.J.C. No. 1767 of 2000 (R)
(2.) THE petitioner Umesh Prasad Singh joined Bharat Coking Coal Limited a subsidiary of Coal India Limited on 12/07/1984 as Junior Executive Trainee (JET) (Mining) and he worked as Junior Mining Engineer and Assistant Manager in between 1985 to 1994. From July 1994 to December 1998 he worked as Manager of Bastacolla Colliery and then as Superintendent of Mines from 25/12/1998 to 03/05/1999. He resigned from service on 04/05/1999. The petitioner made a claim to the respondents as contained in Annexure -2 dated 08/11/1999 for payment of wages in lieu of 146 days due earned leave in terms of Section 52(10) of the Mines Act, 1952, which was rejected by the respondent by issue of letter dated 15/04/2000 to the petitioner on the ground that in accordance with Para 7.1 of the Leave Encashment Scheme framed by the Coal India Limited for the executive cadre employees, the claim cannot be granted to the petitioner since he had resigned from the service. Relevant facts of C.W.J.C No. 2714 of 1997 (R)
(3.) THE petitioner Sisir Kumar Sarkar an employee of Executive cadre of Bharat Coking Coal Limited, a subsidiary of Coal India Limited resigned from the Service of Coal India Limited on 13/10/1995, which was accepted on 03/06/1996 by the Management and the same was communicated to the petitioner on 08/06/1996 and he was relieved from duty on 02/07/1996. Since he was not paid his Gratuity, Leave Encashment and other dues, he filed a writ petition before the High Court being CWJC No. 3744 of 1996 (R), which was disposed of in terms of the following order on 15/01/1997, the extract of which are quoted herein below: In that view of the matter, this writ petition is disposed of directing the respondents, specially respondent No. 4 to make available the admitted dues of the petitioner along with the salary for the month of June, 1996, if available, on the condition as mentioned above, within tow months next positively from the date of presentation of a copy of this order from the side of the petitioner. If the same amount is not made available to the petitioner within the time aforesaid, then the respondents shall have to pay interest at the rate of 10 per cent fro the date of due till the date of payment. The writ petition is disposed of accordingly. ;