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SANJAY K. AGRAWAL, ARVIND SINGH CHANDEL
Sahendra Kumar Sinha, S/o Late Santan Prasad – Appellant
Versus
Coal India Limited, Through its Chairman cum Managing Director – Respondent
ORDER :
Sanjay K. Agrawal, J.
1. The petitioner seeks a writ of mandamus declaring Rules 12.4.2 & 12.5.1(e) of the Coal India Executives Leave Rules 2010 (for short, ‘the Rules of 2010’), non-statutory in nature, to be unconstitutional as being directly in conflict with Sections 52(8) & 52(10) of the Mines Act, 1952 (for short, ‘the Act of 1952’) and also violative of the Act of 1952.
2. The aforesaid challenge has been sought to be made on the following factual backdrop: -
3. The petitioner herein was appointed as Junior Engineer Trainee (Civil) on 6-6-1981. He was involved in construction of roads and bridges and buildings in the mines for smooth functioning of the mining activity conducted by the subsidiary company of respondent No.1 herein. While he was working as Deputy General Manager (Civil), Sohagpur Area, the Central Bureau of Investigation registered a case against him for accepting illegal gratification and another case for possessing disproportionate assets and consequently, he was issued with a departmental charge-sheet on 21-11-2014 and after full-fledged enquiry, while he was working as Chief Manager (Civil), SECL Headquarter, Bilaspur, by order dated 21-12-2015, penalty
The provisions of the Mines Act, 1952, do not apply to officers and executives of the W.C.L., and the invocation of Rule 7.2 of the Service Rules for denial of leave encashment dues to the petitioner....
Resignation does not entitle an employee to terminal leave encashment or gratuity under service rules, which require retirement or termination for such claims.
A Railway employee dismissed from service forfeits all leave credits, thus is not entitled to Leave Encashment benefits.
Resignation does not entitle an employee to terminal leave encashment or gratuity under service rules, which require retirement or termination for such claims.
The main legal point established in the judgment is that the Payment of Gratuity Act, 1972 applies to the respondent-Corporation and its employees, and the Act's provisions have an overriding effect ....
The court ruled that retired government servants, when re-employed, can claim leave encashment benefits under relevant rules, emphasizing appropriate interpretation of retirement and service continui....
Dismissed employees convicted under the Prevention of Corruption Act, 1988 are not entitled to leave encashment as per the relevant rules and instructions.
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