2014 (3) TMI 1184 - HC - Indian Laws

Collection of closure compensation - HELD THAT - The petitioner by this writ petition seeks confirmation of permanent status with respondent no.4 council - Issue notice to the respondents via ordinary post and approved courier. List on 16.05.2014.

Summary

Issues: Employment status, Closure compensation, Permanent status confirmation

The judgment pertains to a writ petition filed by the petitioner seeking confirmation of permanent status with respondent no.4 council. The petitioner was initially employed as a Steno-Typist-cum-Receptionist and later promoted to the position of Assistant Manager, which was re-designated as Manager. The petitioner was deployed at a unit of respondent no.4 council, which was later renamed as Indian Institute of Gems and Jewellery. However, respondent no.4 council decided to close the unit, including advising the concerned workmen, including the petitioner, to collect closure compensation. The petitioner claims that despite the closure, only certain payments such as gratuity, earned leave, salary, and bonus were made, with no closure compensation received. The petitioner continues to work for respondent no.4 council on a contractual basis. The primary issue involves the petitioner seeking permanent status confirmation with respondent no.4 council.

The court noted that additional documents were filed by the petitioner as per the last order. The documents indicated the petitioner's employment history with respondent no.4 council, starting from the appointment as a Steno-Typist-cum-Receptionist in 1997 to being confirmed as Assistant Manager in 1998. The petitioner's position was later re-designated as Manager in 2011. The court observed that the petitioner was initially deployed at a unit of respondent no.4 council, which was later renamed as Indian Institute of Gems and Jewellery. Subsequently, respondent no.4 council decided to close the unit and advised the workmen, including the petitioner, to collect closure compensation. However, the petitioner claims to have received only certain payments and not the closure compensation, leading to the current dispute regarding permanent status confirmation.

During the proceedings, the court issued notices to the respondents, with respondent no.1 represented by Mr. Pushkarna and respondent nos.3 and 4 represented by Mr. Gandhi. The petitioner's counsel requested the deletion of respondent no.2 from the array of parties based on the minutes of the meeting held on 22.02.2008, indicating the renaming of the entity where the petitioner was deployed. The petitioner was granted liberty to file an application for the removal of respondent no.2 from the array of parties. The court directed the filing of counter affidavits within four weeks and set a date for the next hearing. The case was listed for further proceedings on 16.05.2014, allowing both parties to present their arguments and evidence regarding the petitioner's claim for permanent status confirmation and the issue of closure compensation.