Employer In Relation To The Management ... vs Ex-Employees' Coordination Committee
2024 Latest Caselaw 10616 Jhar

Jharkhand High Court

Employer In Relation To The Management ... vs Ex-Employees' Coordination Committee on 25 November, 2024

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                W.P.(L) No. 406 of 2023

            Employer in relation to the Management of M/s Hindustan Copper
            Limited through its Sr. Manager (HR & A) Sri Arjun Lohara
                                                       ...      ...    Petitioner
                                     Versus
            Ex-employees' Coordination Committee, Mosabani, through its
            General Secretary Sri Sujit Kumar Shaw
                                                 ...        ...      Respondent
                                     ---

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

---

For the Petitioner : Mr. Amit Kumar Das, Advocate For the Respondent : Mrs. M.M. Pal, Senior Advocate : Ms. Ruby Pandey, Advocate : Ms. Apoorva Singh, Amicus

---

15/25.11.2024 Learned counsel for the parties are present.

2. This case has been mentioned by the respondent to be taken up out of turn.

3. Learned counsel for the petitioner submits that he did not have any advance notice and therefore, he has not been able to go through the case record properly. However, he has given the contours of the matter involved in the present case.

4. Learned counsel for the petitioner has submitted that there are altogether 414 employees involved in the present case who accepted voluntary retirement pursuant to a scheme published by the petitioner and after their acceptance of voluntary retirement, there was some circular regarding pay revision which was given effect from a particular date which was prior to the date of voluntary retirement of the employees involved in the present case. He submits that consequently the said employees are seeking revision of the amount receivable arising out of their voluntary retirement. He submits that such relief has been granted by the learned Industrial Tribunal and consequently, the present writ petition has been filed.

5. The learned counsel for the petitioner has relied upon following judgments:

(i) (2006) 11 SCC 731

(ii) (2003) 6 SCC 490

(iii) (2015) 4 SCC 482

6. The learned counsel submits that once the voluntary retirement has been accepted, the same becomes full and final and revision of pay is not applicable for such employees.

7. Considering the fact that a large number of employees are involved in the present case and the learned counsel for the petitioner has himself submitted that he has not been able to go through the entire records, with the consent of the learned counsel for the parties, the matter is adjourned and directed to be posted on 10th December 2024 to be taken up at 02.15 p.m.

8. The learned counsel for the parties are directed to file their short synopsis, list of dates and the copies of the judgments they seek to rely upon much prior to the next date.

9. The records received from the learned Court be retained by the learned Court Master so that the parties may go through the same.

10. Learned Amicus who was appointed by this Court earlier is also present. This Court requests her to get ready with the matter and give her valuable assistance irrespective of the fact that the learned counsel for the concerned workmen has now appeared.

(Anubha Rawat Choudhary, J.) Pankaj