IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.4945 of 2004
With
W.P.(S) No. 4546 of 2004
With
W.P.(S) No. 4559 of 2004
Anirudh Prasad ... Petitioner (in W.P(S) No.4945 of 2004)
Ram Singhasan Singh ... Petitioner (in W.P(S) No. 4546 of 2004)
Motilal Singh ... Petitioner (in W.P(S) No. 4559 of 2004)
Vrs.
The M/s Hindustan Steel Works
Construction Ltd. & Ors. ... ... ... ... Respondents
CORAM : HON'BLE MR. JUSTICE AJIT KUMAR SINHA
For the petitioners : Mr. Rajiv Ranjan
For the respondents : Mr. R.S.Mazumdar
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3/29.04.2009
The present writ petition has been preferred for the following relief:
(a) For the issuance of an appropriate writ, orders, directions for
quashing of the demand letter dated 07.05.2002 issued by the
respondents whereby and whereunder the respondents have
deducted huge amount towards Damage charges for retention
of Company Quarter in addition to the market rent for the extra
retention of the company quarter which is grossly illegal and
arbitrary and against the various orders passed by this Hon’ble
Court from time to time (as contained in Annexure-6) whereby
respondents have thus refunded the damages charges for other
VRS optees similarly situated and placed that of the petition.
(b) For commanding upon the respondents to pay the following
admitted retiral dues to the petitioner: Demurrage
(i) Refund towards Market Rent deducted from unpaid
salary ( December 2000 to 25.4.2002) from date of
release to date of vacation of
quarter……………………………………..Rs.16,968.00
(ii) Refund toward Demurrage Charge deducted for the
period 1.12.2000 to 26.4.2002 @ Rs.3549.60 P.M
………………………………………………..Rs. 59,751.60
(iii) Balance unpaid Salary as per revised scale from
Sept.99 to Nov. 2000…………………Rs. 43,221.00
(iv) Co-operative dues …………………….RS.12,000.00
(v) Excess recovery towards House Rent and Electricity
Charge …………………………………….Rs. 5052.00
(vi) Loss of interest on account of delay in release of
permanent.
(x) Withdrawal from P.F. (2400.00+1600.00)
Rs.4000.00
(y) Wrongful deduction from P.F. On final
settlement of P.F. …………………….Rs.2400.00
Rs.6400.00
(vii) Balance reimbursement of medical bill related to special
diseases …………………………………….Rs.12,275.00.
(vii) Interest on delayed payment of provident fund and
Ex-Gratia.
(C) For declaring the action of the respondents in delaying the
release of the admitted Retiral Due and at the same time
demanding charges for the retention of Company as grossly illegal
and arbitrary.
The learned counsel for the petitioner as well as respondents have
referred to a judgment which is annexed at page 37 being M.J.C.No.191
of 2001 wherein the respondents had agreed not to charge any penal
rent/market rate or demurrage from the petitioners on the ground that
petitioners have already vacated the quarters as per the statement
recorded and also in view of the fact that learned counsel for the
petitioners Mr. Rajiv Ranjan submitted that they have already vacated the
quarter in April 2002 itself.
This writ petition is disposed of to the extent of the aforesaid
observation which has also been agreed by the learned counsel for the
respondents that the penal rent/market rate or demurrage will not be
charged.
However, it goes without saying that if any amount becomes due
or payable the same shall accordingly be adjusted and the excess amount
after adjustment be refunded. Let the same be done within a period of
three weeks and the admitted amount will be refunded accordingly.
This writ petition is accordingly disposed of.
(Ajit Kumar Sinha,J.)
fahim/