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Jharkhand High Court
Nasir No- 1 vs Jharkhand State Electricity Bo on 23 August, 2011
   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       W.P. (S) No. 2944 of 2008
        Nasir No. 1                                      ... ...     Petitioner
                               Versus
        Jharkhand State Electricity Board through
        its Secretary, Ranchi and others                 ...   ... Respondents
                               -----
         CORAM:       HON'BLE MR. JUSTICE R.R. PRASAD
                               -----
        For the Petitioner     : Mr. A.K. Singh, Advocate
        For the J.S.E.B.       : J.C. to Mr. Rajan Raj, Advocate
                               -----
3/23.08.2011

Heard the parties.

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.

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.

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

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.

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.

(R.R. Prasad, J.)
AKT


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