Jamuna Prasad Manjhi v. Hindustan Steel Works Construction Limited

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1917 of 2017 • Jamuna Prasad Manjhi S/o Late Rameshwar Manjhi, Aged About 66 Years, R/o Post Panda, Distt. Bokaro Jharkhand. ---- Petitioner

Versus

1. Hindustan Steel Works Construction Limited Through Its Chairman-Cum- Managing Director, 5/1, Commercial Road, Hastings, Kolkata (West Bengal)

2. Sr. Executive (Personnel), Hindustan Steel Works Construction Limited, Nirman Bhawan, Bhilai, District Durg (Chhattisgarh) ---- Respondents For Petitioner Shri P. R. Patankar, Advocate For Respondents Shri N. Naha Roy, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 24/04/2017 1.

Petitioner is a retired employee of the respondent - Hindustan Steelworks Construction Limited ('HSCL' in short) having applied and granted voluntary retirement under the scheme floated by the HSCL.

2.

Relief claimed in this petition is for release of retiral and other dues for which the petitioner is entitled in accordance with law including the VRS Scheme.

3.

The issue pertaining to retiral and other benefits admissible to a retired employee of HSCL has been considered by this Court

in WP No.2 of 2001 and in WA No.185 of 2007 and other connected writ appeals decided on 3-2-2015.

4.

It is not disputed by Shri Roy that the SLP preferred against the order passed by the Division Bench of this Court has been dismissed by the Supreme Court.

5.

In view of the orders passed by this Court in WP No.2 of 2001 and WA No.185 of 2007 and other connected writ appeals, the present writ petition is disposed of with a direction that the petitioner shall file a fresh representation before the HSCL claiming all admissible dues including the amount withheld within a period of one month from today. The respondent HSCL shall, thereafter, decide the representation of the petitioner by a speaking order, in an objective manner, and shall pay the entire admissible dues to the petitioner within a further period of three months from the date of submission of representation by the petitioner.

6.

It is made clear that if the petitioner feels dissatisfied by rejection of any of his claim, he would be at liberty to move afresh before this Court.

7.

Certified copy of this order be supplied to the parties only after incorporation of the amendment by the petitioner in the writ petition.

Sd/- JUDGE PRASHANT KUMAR MISHRA Nirala