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HC orders release of COLA, DA to JKTDC employees
9/28/2015 11:07:18 PM
Early Times Report

Srinagar, Sept 28: The state high court has quashed an order by Jammu and Kashmir Tourism Development Corporation whereby the JKTDC had rejected claims of various employees for COLA and Dearness Allowance. Disposing of a petition by a number of employees, a single bench of the court comprising Justice Ali Mohammad Magrey directed JKTDC to release and pay to the employees all the outstanding arrears on account of COLA with effect from 1.1.2007 within two months. The court also made it clear that in case of the employees who retired after the COLA was converted into DA with effect from July 2010, allowance shall also be released in their favour within the two months. "The balance amount due to the petitioners on account of Gratuity to be determined, assessed and calculated on the basis of the provision of section 4(3) of Payment of Wages Act, of course minus the amount they have already been paid on that count. The needful shall be done within a period of two months from today," the court said.
The court observed that the JKTDC has slept over the matter and unnecessarily put the employees to agony by refusing them the dues. The employees, the court said, were entitled to release and disbursement of the dues described and enumerated in the Supreme Court Judgment. "Respondents (corporation authorities) are liable to calculate such arrears and pay the same to the petitioners without any further delay", court said. "It is painful that the order of the court passed by consent of the counsel for the parties (12-09-2012) has been dealt with disdainfully in as much as the impugned order, professed to be in compliance of the
court order, has been passed by the Chief Accounts Officer of the Corporation. It is not comprehendible how the CEO has assumed to himself the powers of the Board of Directors, or in what circumstances, the Corporation has assimilated the powers of the Board to one person, that too to a CEO," the court said.(JNF)
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