South Eastern Coal Fields Ltd. v. Smt.Bharti Shankar And ORS.
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r IN THE HIGH mURI F JUDQIEURE GIHATTISGARH AT BLW '' O I'
IASR WRIT ETxT;0N_ N. gy / or P o is' 5 PTO ETIINER south Eastern Coalfielas Ltd through Sub Area anager, Kuresia Colliery of SEa..
Chirimiri Area, Distt :
Korea ( C.G.
) M
VERSUS
PS 1.
Smt.
Bhari Sarkar.
w/o.
late M.R.
Sarkar, C/o.
Shr Bikash Sarkar, C & B Seion, GM Offi¢e, SECL.
Chirimiri Area, Distt :
Korea ( c.G.
) RESONDENT t i ct The Controling Authority Unéer the Payment of Gratuity Act and Assistant Labeur commission er- ( Central ) Shahdol ( M.P.) l The Appellate uthority Umier The Payment of Gratuity Act ( Regional Labr Comrrissioner) abalpur ( M.P.
).
ou J WRIT PETITION UNDER ARTICLES 226/227 OF THE CDNSTITUTION OF INDIA
HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION NO.2734 OF 2004 PETITIONER South Eastern Coalfields Ltd.
Versus
RESPONDENTS Smt. Bharti Sarkar & Others (Writ Petition underArticle 226/227 of the Constitution of India) Single Bench : Hon'ble ShriSatish K. Agnihotri, J.
Present :~ Shri P.S. Koshy, Advocate for the petitioner. Shri Gary Mukhopadhyay, Advocate for the respondent No.1. ORDER IOPEN CQURT) (Passed on this 14'" day of February, 2013) Heard learned counsel for the parties.
The identical issue involved herein whetherthe workmen are not entitled to any of the reliefs under the Payment of Gratuity Act, 1972 particularly when they have opted for service conditions applicable to the Central Government employees came into consideration before this Court in South Eastern Coalfields Ltd.
v.
Smt.
Jagni Devi & .Other57 and other connected matters.
This Court rejected the petitions filed by the petitioners (SECL) holding as under :
"24.
ln the instant case.
after nationalization of the.
Coal Industry, the National Coal Wage agreements were entered into by the parties proViding for the wage structure and other conditions of service including the retrial benefits such as pension, gratuity, etc., were provided for the workers in coal industry.
Under this agreement the maximum limit of payment of gratuity had been fixed at Rs.75,000/-.
ln view of sub-section (5) of Section 4 of the Act read with Section 14 of the Act, the employee can avail the benefit under the Payment of Gratuity Act; but, if he has availed the benefit under the Wage Board Agreement, to that extent the benefit under the Payment of Gratuity Act'can be denied to him.
Therefore, in my view both the authorities under the Act were -justified in allowing the claim of the respondents-employees."
In view of the above, nothing survives in this petition for adjudication and accordingly, the same is hereby dismissed.
Consequently, / M.(W.).P.No.2413/2004 stands disposed of.
3.
No order asto costs.
Sd/- .
I satish K AgmhOm Judge W1 WP No.2326 of 1993 (decided on 9-5-2007) a /