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Nasir No. 1 vs Jharkhand State Electricity Board and Others

Jharkhand High Court · Decided on 23 August 2011 · Citation: (2011) 08 JH CK 0126

HON’BLE JUDGES
Rakesh Ranjan Prasad, J
CASE NUMBER
Writ Petition (S) No. 2944 of 2008

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Judgment

6 paragraphs · 321 words

R.R. Prasad, J.—Heard the parties.

2.

The grievances, which have been put forth by the Petitioner, who got retired from the post of Skilled Khalasi, Electric Supply Sub Division, Loyalabad, Dhanbad on 31.10.2003, are with respect to non-payment of the overtime wages from January, 1996 to October, 2003 and also for non-payment of interest upon the amounts of CPF, gratuity and leave encashment on account of its delayed payments, as the amounts towards CPF and gratuity have been paid in the year 2004, whereas the amount of leave encashment has been paid in the year 2005.

3.

A counter affidavit has been filed on behalf of Respondent-JSEB stating therein that some amounts payable towards overtime wages have already been paid to the Petitioner. It has been further stated that the delay in making payment of the retiral dues occurred due to the reason that the Petitioner had not submitted the pension papers in time.

4.

However, this was refuted by the learned Counsel for the Petitioner by stating that all the papers have been submitted in time.

5.

Thus, it appears that part payment towards overtime wages has been made but nothing has been stated on behalf of the Respondent-JSEB about the reasons for non-payment of the rest of amount payable towards overtime wages.

6.

In that view of the matter, this writ application is disposed of directing the Petitioner to file a fresh representation putting forth the claim of payment of overtime wages, which have still not been paid to the Petitioner as also of the statutory interest over the amount, which was paid towards CPF, gratuity and leave encashment delayedly, before the General Manager-cum-Chief Engineer, Dhanbad Electric Supply Area of JSEB, Dhanbad (respondent No. 4) along with a copy of this order within three weeks from today. On receiving such representation, Respondent No. 4 shall be taking decision over the aforesaid claims within a period of eight weeks thereafter.