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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Mosabani Mines Labour Union, through its G.L. Secretary Sanjay Kr. Bose, S/o. Bikash Chandra Bose – Appellant
Versus
Hindustan Copper Limited, through its Chairman cum Managing Director – Respondent
| Table of Content |
|---|
| 1. wage entitlement upon voluntary retirement (Para 2 , 3 , 4) |
| 2. respondent's contention on separate classification (Para 5 , 7 , 8 , 9) |
| 3. legal standing of voluntary retirement schemes (Para 10 , 11 , 12 , 13 , 14) |
| 4. dismissal of claim for pay revision post retirement (Para 15) |
| 5. conclusion: writ application dismissed (Para 16) |
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard learned counsel for the parties.
2. The petitioner being a Trade Union has filed the instant writ petition seeking grant of arrears of voluntary retirement which has occurred on account of subsequent revision of pay scale along with interest.
3. Case of the Petitioner The specific case of the Petitioner-Union is that it is a registered Trade Union affiliated with Indian Trade Union Congress having 1200 members and HCL from time to time on the basis of tripartite settlement has been fixing and revising the wages of the workman. The 5th Wage Revision fell due with effect from 01.11.1997; however, in the meantime, Hindustan Copper Limited sought permission from the Central Government to close the mines and a permission for closure of different mines was given in the following manner:-
(i) 30.09.1998 – Permission
Voluntary Retirement Scheme employees cannot claim benefits of pay revisions post-separation, as acceptance of the scheme constitutes a waiver of rights to future wage adjustments.
Employees are entitled to benefits only as per the terms of the Voluntary Retirement Scheme, and once an employee opts for voluntary retirement and avails the benefits, they cannot claim ignorance of....
The court established that provisions of the Income Tax Act regarding voluntary retirement do not create enforceable contractual obligations between employers and employees.
The ex-employees' right to seek wage revisions post-separation is contingent on valid representation and established claims, without which the Tribunal's award is invalid.
Acceptance of benefits under a Voluntary Retirement Scheme precludes subsequent claims of coercion or reinstatement.
The management's failure to substantiate claims of dues against the workman rendered the recovery order without basis, upholding the worker's right to gratuity and statutory dues under the Voluntary ....
(1) Pay Revision – Whilst fixation of cut-off date for grant of benefits cannot be questioned, what is within domain of court, is to examine impact of such fixation and whether it results in discrimi....
The court upheld the government's policy decision to set a cut-off date for extending monetary benefits to retirees, affirming that such classifications are permissible under constitutional provision....
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