Himachal Pradesh High Court
Chander Mani vs H.R.T.C. And Ors on 21 September, 2023
Bench: Satyen Vaidya
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 5240 of 2023
.
Decided on: 21.09.2023
Chander Mani ....Petitioner.
Versus
H.R.T.C. and Ors. ...Respondents.
Coram
The Hon'ble Mr. Justice Satyen Vaidya, Judge.
Whether approved for reporting? 1
For the petitioner : Mr. Surender K. Sharma,
Advocate, Proxy Counsel.
For the respondents : Mr. Abhinav Purohit, Advocate,
Proxy Counsel.
Satyen Vaidya, Judge (Oral)
Notice. Mr. Abhinav Purohit, learned
counsel, appears and waives service of notice on
behalf of respondents-HRTC.
2. Learned counsel for the respondents-
Corporation has placed reliance on instructions dated
1 Whether reporters of the local papers may be allowed to see the judgment?
15th March, 2023, the relevant portion whereof reads
as under:-
.
"In this context it is submitted that the issue relating to
unutilized compensatory/weekly rest of employees of
Himachal Road Transport Corporation, has been
discussed, Analysed and deliberated thoroughly by the
Management. Consequently it has been concluded that
Corporation is intended to pay the dues as per the
provision mentioned in Motor Transport Workers Act-
1961. Although, there is no such provision in CCS Leave
Rules1972, which provides the accumulation, carry
forwarding and encashment of the Compensatory leave
of any employee in a calendar year. However, due to
r acute shortage of crew in the corporation, the Board of
Directors in its 145.25th meeting decided to carry
forward the unutilized Compensatory leave. It is
pertinent to mention here that, in this regard vide earlier
instruction issued on 30.112012 to the field officers,
whereby it has been intimated that the decision taken in
the meeting held on 26.11.2012 under the chairmanship
of Principal secretary Transport with regard to carry
forward of accumulated weekly rest, which could not be
liquidated in the current year will be carry forward to the
next year as per prevailing practice. And it was further
directed that the employees who were on the verge of
retirement and having compensatory leave in their credit,
such compensatory leave be got exhausted/liquidated
first before retirement of such employees. In the case of
transfer of an employee the account of weekly rest of
each crew should be checked by the SO (SAS)/Auditor
posted in the depot for its correctness and RM himself
shall sign the certificate regarding weekly rest in the
credit of the employees."
3. Now that the Corporation itself intended to
pay the dues to the petitioner, I deem it appropriate to
.
dispose of the writ petition, by directing respondent
No. 2 to pay the dues to the petitioner as per
provisions of Motor Transport Workers Act, 1961,
after re-scrutinizing the records. This entire exercise
be completed within six months. Ordered accordingly.
4.
The instant petition is disposed of in the
aforesaid terms. Pending miscellaneous application(s),
if any, also stand disposed of
5. For compliance, to come up on 28th March,
2024.
(Satyen Vaidya)
21st September, 2023 Judge
(sushma)
