Rajesh Shankar, J. - (1.) The present writ petition has been filed for setting aside the order dated 02.03.2010 passed by the learned Labour Court, Dhanbad in M.J. Case No. 6 of 2008, whereby the claim of the petitioner for payment of monetary dues amounting to Rs. 1,16,857.14 along with interest and compensation has been refused.
(2.) The factual background of the case as stated in the writ petition is that the petitioner was an employee of the respondent. He worked at Burugia Project from 20.04.1981 to 10.02.1999 and was dismissed from service on 10.02.1999. During the service period, the petitioner filed a case for payment of dues vide M.J. Case No. 14 of 1998, wherein an order of payment of Rs. 1,23,351/- was passed in his favour and finally, the payment was made. The petitioner's claim is that he has not been paid dues from October, 1998 to 10.02.1999 amounting to Rs.1,16,857.14 for which he filed an application under Section 33-C(2) of the Industrial Disputes Act, 1947 vide M.J. Case No. 06/2008. The learned Labour Court vide order dated 02.03.2010 disposed of the application of the petitioner by observing that the petitioner has not vacated the quarter allotted to him and amount of penal rent is increasing regularly and as such, the applicant may file fresh case for determination of alleged legal dues after vacating the quarter of the Company.
(3.) The learned counsel for the petitioner submits that the petitioner is a permanent resident of Vijaynagaram at Andhra Pradesh and it is not expected that for recovery of his legal dues of Rs. 1,16,857.14 payable in February, 1999 itself, he would be coming from Andhra Pradesh and then keep on insisting the management of M/s BCCL for payment of the same. It is further submitted that on the one hand, the BCCL kept withholding the dues amount of the petitioner and on the other hand, demanding the penal rent of the quarter amounting to Rs. 1,60,570/- without any fault on his part. It is further submitted that the petitioner has already spent Rs.1.00 lakh approximately in keeping the quarter in fit condition. It is also submitted that the petitioner is suffering mental agony and physical torture due to the action of the employer, Bharat Coking Coal Limited and its officers for which he is entitled to be suitably compensated by payment of cost and compensation. The learned counsel for the petitioner puts reliance on a judgment rendered by a Bench of this Court rendered in the case of "Kusheshwar Lal Das Vs. Jharkhand State Electricity Board & Ors,2009 1 JLJR 262" and submits that the management should not have insisted for penal rent particularly when the legal dues of the petitioner is pending for payment and as such the employer should charge only normal rent for the period the employee occupies the quarter for long period.;