Hindustan Cables Limited, vs M.S.N. Raju
2022 Latest Caselaw 3674 Tel

Citation : 2022 Latest Caselaw 3674 Tel
Judgement Date : 13 July, 2022

Telangana High Court

Hindustan Cables Limited, vs M.S.N. Raju on 13 July, 2022

Bench: Ujjal Bhuyan, Surepalli Nanda

      THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                     AND
        THE HON'BLE MRS JUSTICE SUREPALLI NANDA


               Writ Appeal No.1694 of 2018

JUDGMENT:   (Per the Hon'ble the Chief Justice Ujjal Bhuyan)



     Heard Mr. G.Vidya Sagar, learned Senior Counsel for

the appellants and Mr. M.Ravinder, learned counsel for the

respondents.

2. This intra-Court appeal has been preferred against

the final order dated 25.10.2018 passed by the learned

Single Judge allowing W.P.No.7929 of 2003 filed by the

respondent as the writ petitioner.

3. Respondent had filed the related writ petition for a

direction to the appellants to pay the differential amount of

VR compensation, surrendered earned leave encashment,

encashment of earned and sick leave surrendered at the

time of retirement with interest etc. A prayer was made

that such benefit should be extended to the respondent at

par with the benefits extended to another retired employee

Sri G.Adinarayana Reddy.

4. Appellants had contended before the learned Single

Judge that appellant No.1 i.e., Hindustan Cables Limited, a

Government of India Undertaking, had become a sick

industry and was referred to the Board of Industrial and

Financial Reconstruction (BIFR) under the Sick Industrial

Companies Act, 1985.

5. However, learned Single Judge found that the issue

was already covered by a Division Bench decision dated

05.11.2009 in W.A.No.919 of 2004. Accordingly and in the

light of the above, the following order was passed:

"Similar issue fell for consideration before this Court in W.P.No.24197 of 2002. This Court vide order dated 11.11.2003 allowed the said writ petition. In W.A.No.919 of 2004, the Division Bench confirmed the order passed by the learned Single Judge on 5.11.2009.

In view of the same, and in the light of the provisions of the Office Order dated 31.5.2001, this Writ Petition is allowed and the petitioner is entitled for payment of arrears of salary and other allowances. The respondent-organization is directed to extend the said benefit to the petitioner within a period of eight weeks from the date of receipt of a copy of this order. In so far the recovery of an amount of Rs.56,877/- is concerned, in view of the judgment of the Apex Court in State of

Punjab vs. Rafiq Masih (white washer) ((2014) 8 SCC

883), the amount cannot be recovered from the terminal benefits of the petitioner after retirement. The respondent-Organization is directed to refund the said amount to the petitioner within a period of four weeks from the date of receipt of a copy of this order. No costs."

6. This Court by order dated 24.01.2019 had admitted

the appeal. At the time of admission it was pointed out by

learned Senior Counsel for the appellants that against the

Division Bench decision relied upon by the learned Single

Judge, appellants have already filed Special Leave Petition

(SLP) which was pending before the Supreme Court. This

Court, as an interim measure, directed that the appellants

may abide by and give effect to the directions of learned

Single Judge provisionally. Liberty was also granted to the

respondent to receive the amount from the appellants,

which was however made subject to the final verdict in the

writ appeal.