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SUJIT NARAYAN PRASAD
Ganesh Turi, son of Chhotan Turi – Appellant
Versus
Central Coalfields Limited through its Chairman cum Managing Director – Respondent
JUDGMENT :
HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD
1. This writ petition has been filed under Article 226 of the Constitution of India seeking for a direction upon the respondent CCL with respect to the payment of post retiral benefits treating the date of retirement as 30.06.2008, i.e., Gratuity, leave encashment, pension, salary/wages from July, 1995 to June, 2008 amount, bonus and other admissible benefits, as also, the direction upon the CMPF to release the arrears of provident fund on the basis of the date of retirement as 30.06.2008.
2. The issue involved in this case is with respect to the arrears of retiral benefits and the CMPF amount. The same has, although been paid, based upon the age of the writ petitioner, which has been accepted by the C.C.L. as 07.06.1948, since, as per the date of birth of the writ petitioner, as available in the service record, the normal age of superannuation of the writ petitioner is 30.06.2008.
3. It needs to refer herein that the issue of date of birth has culminated into a dispute by way of reference under Section 10(1)(d) of the Industrial Disputes Act, 1947. The same has been adjudicated by the adjudicator, i.e., the industrial tribunal in ref
Pension is a right and not a bounty; the High Court can exercise jurisdiction under Article 226 despite the existence of alternative remedies, especially in cases of clear injustice.
The main legal point established in the judgment is that pension entitlement under the Pension Rules is a vested right and cannot be denied without due process of law. Additionally, the court emphasi....
The court ruled that a petitioner cannot claim interest on delayed retirement benefits if not requested in prior petitions, dismissing the writ petition for lack of merit.
The judgment establishes the principle that rectification of date of birth, especially on the eve of retirement, requires irrefutable proof and caution to avoid unjust impacts on others' promotions.
An employer cannot dispute an employee's recorded birth date post-retirement to deny service benefits, affirming that such objections constitute negligence.
Point of law :Industrial dispute - Petitioner and other employees shall be paid all the terminal benefits upto the age of 58 years and not beyond that, including gratuity. In case the petitioner succ....
Delay in filing a writ petition can bar claims for relief, especially in service matters, as established by the principles of delay and laches.
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