ERRONEOUS ORDER ON PLB FOR 2003-04 – IMPLEMENTATION OF COURT ORDERS
You might have recently received a sum of Rs. 13/- as arrears of the bonus for the year 2003-04 recovered after effecting payment. Many of us may not be aware about the back ground of this issue. The Rly Board issued an order recently in this connection as per the orders of Hon’ble Supreme Court. The history is that some accounts sleuths could investigate and find out that the year 2004 was a leap year and hence the PLB calculated on the normal formula worked at 365 days was not correct.
They invented that this should have been done by taking 366 days – thus, there was an over payment of Rs.13/- to the employees. Orders came from Financial Commissioner and thus from Rly Board to recover these huge arrears! Though almost all of us left it that way, some agitated and enthusiastic persons filed a case in Hon’ble CAT/Ernakulam [OA 879/2004] and it was ordered on 17/04/2007 to repay the amount recovered, duly quashing the orders of RB. Naturally, the Rlys took up the case on appeal to Hon’ble High Court of Kerala where the earlier judgment of CAT was upheld. But, being an order issued by the FC, it cannot be allowed to be nullified! Hence, next an SLP was filed in the Apex Court against the High Court’s Orders [SLP (C) No.9199/2008]. Unfortunately, the Rlys miserably lost there also and at last the FC and Co., swallowed the bitter pill by withdrawing the orders dated 13/10/2004 in the matter. Think – how much might have been spent for snatching away this meager Rs.13/- from the employees and on trying to sustain the illegal orders, through legal battles for almost five years right from CAT to the Hon’ble Supreme Court.
Courtesy: Newsletter - 72 of AISMA/PGT Division
DEC/PGT