Single-bench order listed a writ petition. The court noted a prior award set aside punishment but the respondent resigned. The sole pending issue was entitlement to 5th Pay Commission wage differences under a Government Order.
None granted immediately; matter listed after three weeks for final decision.
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Court No. - 57
Case :- WRIT - C No. - 33195 of 2003 Petitioner :- U.P.S.R.T.C. Thru' Regional Manager Respondent :- Saroj Kumar Singh & Others Counsel for Petitioner :- Samir Sharma,S.K.Mishra Counsel for Respondent :- C.S.C.,A.K. Srivastava
Hon'ble Pankaj Bhatia,J.
Learned counsel for the respondents states that the matter arose from the award whereby an order was passed in favour of the petitioner setting aside the order of punishment and deciding the reference in favour of the workmen against the employer.
The award was that the employed was entitled on reinstatement with full back wages. Counsel for the respondents further informs that the respondent after passing of the award voluntarily resigned and with regard to the back wages he had accepted the back wages last drawn as full and final settlement. In that respect, the Writ Petition No.51776 of 1999 has become infructuous.
In respect of other Writ Petition No.33195 of 2003, the only issue pending in the said writ petition is whether the respondent was entitled to the difference of the wages according to the 5th Pay Commission. Sole contention of the respondent is that he was entitled to the difference of amount of wages last drawn in view of the 5the Pay Commission coming into force. Counsel for the respondent further relies upon the Annexure no.3 to the counter affidavit being the Government Order/letter dated 8.1.1999 wherein he has placed reliance that the benefit of 5th Pay Commission would be applicable to all employees whose services came to an end after 1.1.1996.
In view of the said Government Order/letter, the respondent is entitled to the difference of last wages last drawn as paid to him and has payable under the 5th Pay Commission. The amount of the difference as stated is approximately Rs.68,000/-.
Counsel for the petitioner assures the Court that the matter shall be looked into and in case the letter/G.O. dated 8.1.1999 is applicable, the difference of the dues shall be paid to the respondent. However, in the event there is serious dispute with regard to applicability of the said G.O./letter, counsel for the petitioner submits that with regard to non applicability of the said G.O./letter, the matter can be decided further.
The Writ Petition No.33195 of 2003 shall be listed after three weeks. Counsel for the petitioner to take a decision as indicated above.
Order Date :- 14.12.2018 Hasnain
1 issue framed by the court
Whether the respondent was entitled to the difference of wages according to the 5th Pay Commission.
U.P.S.R.T.C. Thru' Regional Manager
Saroj Kumar Singh
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
