THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 1570 OF 2000 Date: 23.07.2010 Between: P.Chandra Shekar ..... PETITIONER AND The Government of A.P., Rep. by its Secretary, Secretariat, Hyderabad and others .....RESPONDENTS The Court made the following:- THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 1570 OF 2000 O R D E R : This writ petition is filed seeking a declaration that the action of the respondents in not paying the terminal benefits including gratuity, pension, earned leave wages and salary due from April, 1995 to June, 1995 and July, 1997 to August, 1997 is arbitrary and illegal. It is not in dispute that the petitioner, who was appointed as office boy in the 3rd respondent spinning mill on 1.3.1958, had retired from service on 14.3.1998 on attaining the age of superannuation as Shift-in- charge. As on that date the 3rd respondent mill was closed and the Voluntary Retirement Scheme (VRS) was proposed to be introduced. As per G.O.Ms.No.35, dated 10.1.2000 under which certain guidelines were issued for implementation of VRS, the 2nd respondent in whose control the 3rd respondent mill was functioning, was responsible to settle the terminal benefits. It is alleged by the petitioner that in spite of repeated requests made, the respondents 2 and 3 did not pay the terminal benefits to which the petitioner was entitled to. Hence the present writ petition. In the counter-affidavit filed on behalf of the respondents, it is stated that the petitioner was eligible in the normal course for terminal benefits i.e., gratuity and earned leave encashment, if any, at credit only. The petitioner however claimed pension and arrears of duty period salary for April to June of 1995 and July, 1997 and August, 1997. So far as payment of pension is concerned, it is entirely the look out of the Provident Fund Commissioner, however the petitioner did not make any such application. As regards arrears of salary for the duty period claimed by the petitioner, the fact of non-payment of salary was reported by the petitioner only after his retirement by which time the mill was on the verge of closure. Due to the bad financial position of the mills, which ultimately led to their closure, there were several cases where salaries for the duty periods could not be paid. In all such cases where the employees opted to VRS and whose salaries were due to be paid for the duty periods, the Government as a matter of policy ordered that such unpaid salaries should be paid by the concerned mills from out of the sale proceeds of the assets of the mills. The arrears of salary for the past duty periods do not form part of the terminal benefits. It was also found that the petitioner had no earned leave at his credit as seen from his service book. Thus the petitioner was entitled only for gratuity for which part payment of Rs.45,000/- was already made on 29.01.2000. The balance gratuity would be paid after the realization of the value of the assets of the mills by way of sale. This Court while directing rule nisi, by order dated 25.8.2000 ordered that the terminal benefits to the petitioner shall be paid. After considering the counter-affidavit filed on behalf of the respondents, the said order was made absolute on 19.12.2000 directing the 2nd respondent to pay the amounts due to the petitioner within a period of six weeks from the date of receipt of the said order. Having heard the learned counsel for both the parties and having regard to the facts and circumstances of the case, I do not find any ground to differ from the order passed by this Court dated 19.12.2000 wherein it was held that the 2nd respondent, in whose control the mills including the 3rd respondent was functioning was liable to pay the amounts that were due to the petitioner. Accordingly, the Writ Petition is allowed with a direction to the respondents to pay whatever amounts that are due to the petitioner as on today as expeditiously as possible preferably within a period of eight (8) weeks from the date of receipt of this order. No costs. ​ ____________ Date: 23.07.2010 G. ROHINI, J Ivd