Bhagwan Lal Sharma vs Shri Sawar Mal Verma

----Petitioner Versus

1. Shri Raj Hans Upadhyay, The Managing Director, Rajasthan State Road Transport Corporation, Jaipur.

2. Miss. Anupama Saraswat, The Chief Manager, Rajasthan State Road Transport Corporation, Sardarshahar Depot, District Churu.

---Respondents

Rajasthan State Road Transport Corporation, Retired Employees Association (Regd.) through its General Secretary Hargovind Sharma S/o Late Roopnarayan, aged about 75 years, R/o 10/35 Swarn Path, Mansarovar, Jaipur.

---Intervenor

For Petitioner(s) : Mr. G.R. Punia, Senior Advocate assisted by Dr. Shanti Choudhary Mr. Sushil Solanki Mr. Narendra Thanvi Mr. Hanuman Singh Mr. Pradeep Singh Mr. D.K. Soni Mr. Shardul Singh Mr. V.R. Choudhary Mr. Dharmpal Singh Dhaka Mr. SG Ojha Mr. VK Aggarwal Mr. Rishabh Tayal Mr. Jitendra Choudhary Ms. Muskan Jangid Mr. Sukesh Bhati Mr. Vivek Sharma Mr. Shreyansh Mehta Mr. Mohan Singh Shekhawat Mr. HS Rajpurohit Mr. Tanwar Singh Mr. Ashwini Purohit Mr. Prakash R Devasi Mr. Usman Ghani

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Mr. S.K.Verma Mr. Dev Anand Sharma Mr. Kailash Jangid Mr. KK Vyas Mr. Gourav Thanvi Mr. Yuvraj Sonel Mr. DS Gour Mr. S.K.Poonia Mr. PD Bohra Mr. Hapu Ram Mr. Hamir Singh Sidhu Mr. Anirudh Purohit Mr. Ankit Bhaskar for Mr. S.S. Paliwal Mr. Pabu Ram Mr. Lokesh Mathur Mr. Mahaveer Bhanwariha Mr. Sameer Pareek Ms. Ayushi Solanki Mr. Kailash Trivedi Mr. Vikram Singh Mr. Deepak Saraswat Mr. Manish Kumar Pareek for Mr. D.S. Thind For Respondent(s) : Mr. Harish Kumar Purohit Mr. Mahaveer Bishnoi, AAG Mr. Manish Shukhla, Financial Advisor, RSRTC Head Office, Jaipur

JUSTICE DINESH MEHTA

Order

10/12/2024

I.A.No.01/2024 in S.B. Writ Contempt No. 1027/2018:-

1. The present application has been filed by the applicant -

Rajasthan State Road Transport Corporation Retired Employees

Association seeking their impleadment in the present contempt

petition.

2. Having heard learned Senior Counsel and considering that

the Association is representing all the retired employees of the

Rajasthan State Road Transport Corporation (hereinafter referred

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to as 'Corporation'), the application is allowed so that a common

order, which can be made applicable to all the retired employees

with common consensus can be passed. The applicant is allowed

to intervene in the present contempt proceedings.

3. The amended cause title is taken on record.

4. Present contempt petition so also other petitions enlisted in

the Schedule appended herewith which involve identical allegation

and facts are being disposed of conjointly by this Common order.

The Schedule shall be treated as part and parcel of the order

instant.

5. The petitioners herein have raised a grievance that though

the respondent - Corporation was under the order of this Court to

clear their retiral dues in accordance with law in time bound

manner, but the amount which the respondent - Corporation has

calculated is not in accordance with law and contrary to record.

6. It is contended by learned counsel for the petitioners that

the entire record and details which are necessary for calculation of

the due payment is with the respondent - Corporation and despite

claiming the copies under Right to Information Act, the same have

not been provided. It was argued that the petitioners have

unverified input/information about their claim and therefore, they

cannot even properly challenge legality of such adjudication made

by the Corporation even if they wish so to do.

7. While informing that pursuant to the order dated 07.05.2024

passed by this Court, the Corporation has determined and sent

copy of such determination to each of the employees, who had

lodged their claim, learned counsel argued that the petitioners and

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other retired employee are dissatisfied with such unilateral

determination.

8. An attempt was made to point out the discrepancies, but the

Court expressed its inability to enter into such arena having

regard to its limitations in contempt jurisdiction. The petitioners

were asked to take their remedies before Civil Court or Labour

Court etc.

9. Mr. Punia, learned Senior Counsel submitted that the Labour

Court/competent Court are neither having expertise to calculate

the overtime amount and other dues of the employees nor will

they be able to judiciously undertake such exercise, on account of

the workload they are already burdened with.

10. Mr. G.R. Punia, learned Senior Counsel for the Association

therefore, suggested that the calculation of the amount payable to

each of the employees under various heads such as overtime

allowances; night allowances; double duty allowances; weekly

raised allowances; etc. be got done through a retired accountant

at the depot level so as to ensure fair assessment of the amount.

He contended that the same would ward-off unnecessary burden

on the Courts and statutory or departmental authorities given that

the number of claims will be in hundreds.

11. The Financial Advisor of the respondent - Corporation

however submitted that the respondent - Corporation is ready to

earmark one of its accountant at each depot to consider the claim

of the retired employees.

12. Having heard learned counsel for the parties and considering

the fact that there are large number of claims and the Labour

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Court are already swamped in pending dockets, this Court feels

that it would be expedient to get the claims of the employees

settled by way of arbitration so as to eliminate the element of bias

or prolonged decision. Everyone present in the Court agreed and

gave their suggestions in this regard.

13. It was suggested that arbitration be done through retired

accountant of the Corporation who shall be nominated (by the

Managing Director of the respondent - Corporation) for each of

the depot. Neither Mr. Punia nor Mr. Purohit, learned counsel for

the respondent - Corporation showed any objection(s).

14. Hence, all these petitions are disposed of with following

directions:-

(i) All the retired employees [who had filed their claims

pursuant to order dated 07.05.2024 passed in the case of Dungav

Ram (S.B. Writ Contempt No. 1027/2018) or the order passed in

the case of Tara Chand Panchal (S.B. Writ Contempt No.

1099/2019)] shall file their objection(s)/claim(s) for determination

of their retiral dues and other benefits within a period of two

months.

(ii) The claims be filed in the office of the Chief Manager of their

respective depot (from which depot the concerned employee has

retired) in two sets. It will be required of the Chief Manager to

give receipt of the claims so filed with seal and date.

(iii) The Managing Director of the respondent - Corporation shall

within two months from today nominate one retired accountant or

higher official (Retd.) at each depot, to adjudicate the claims so

filed.

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(iv) Such nominated retired employee shall work as an

'Arbitrator'.

(v) It will be required of the Chief Manager of each Depot to

provide a befitting place where the Arbitrator can have his sitting/

hearing.

(vi) All the claims filed by the employees shall be sent to the

Arbitrator, who shall fix the date of hearing as per his convenience

under intimation to both the parties.

(vii) It will be required of the respondent - Corporation to make

entire service record of each of the employees, whichever is

necessary for the purpose of determination of claim, available to

the Arbitrator.

(viii) An honorarium of Rs.500/- shall be paid by each of the

employees/claimants to the Arbitrator, while the Corporation shall

also pay equal amount to him.

(ix) Out of the amount mentioned in clause (viii) above, half of

the amount (Rs.250/-) shall be paid by both the parties to the

Arbitrator at the time of first hearing. The remaining amount of

(Rs.250/- each) shall be paid by the parties immediately before

the final award is passed by the Arbitrator.

(x) The respondent - Corporation shall also be free to file its

objections regarding the claim so lodged by the employees.

(xi) The Arbitrator shall take summary proceedings and pass

award indicating therein the claim wise details of the amount

payable.

(xii) With the consent of all the parties, it is hereby ordered that

the determination so made by the said Arbitrator shall be final and

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binding on all the parties. No legal remedy against such order

shall be permissible to any party.

(xiii) Once the amount is determined by the Arbitrator, it will be

required of the respondent - Corporation to pay the same on the

basis of the priority as given in the circular dated 03.11.2021

issued by the Corporation.

(xiv) Needless to mention that in case of a deceased employee his

wife or legal representative shall be free to pursue the claim.

15. Notices of contempt are hereby discharged.

16. All the captioned contempt petitions stand disposed of in

terms of the above directions.

(DINESH MEHTA),J 143-260, 288 and 525, 530-akansha/-

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Schedule

S.Nos. Item S.B. Writ Contempt Party Names Nos. Petition Nos. 1. 144 813/2017 Avanti Lal Vs. Kuldeep Ranka & Ors. 2. 146 369/2018 Janardan Pareek Vs. Kuldeep Ranka And Ors. 3. 147 835/2018 Abdul Gani Vs. Rajhans Upadhyaya And Anr. 4. 148 910/2018 Surjeet Singh Vs. Kuldeep Ranka And Anr 5. 149 932/2018 Vijay Kumar Vs. Kuldeep Ranka And Anr. 6. 150 933/2018 Surajprakash Parihar Vs. Kuldeep Ranka, Managing Director 7. 151 940/2018 Ratan Lal Vs. Kuldeep Ranka And Anr. 8. 152 979/2018 Badri Prasad Vs. Raj Hans Upadhyay 9. 153 980/2018 Ummed Singh Vs. Rajhans Upadhyay 10. 154 991/2018 Onkar Singh Vs. Raj Hans Upadhyay

11. 155 992/2018 Kallu Singh Rathore Vs. Shailendra Agarwal 12. 156 1011/2018 Sohan Lal Pareekh Vs. Sh. Raj Hans Upadhyay 13. 157 1041/2018 Bhanwar Singh Bhati Vs. Sanwar Mal Verma, Managing Director 14. 158 1076/2018 Harbhajan Singh Vs. Sawar Lal Verma 15. 159 1092/2018 Kiriti Kumar Vs. Sawar Lal Verma, The Managing Director, 16. 160 1154/2018 Ranjeet Singh Vs. Rajhans Uppadhyay 17. 161 1176/2018 Banshi Lal Deora Vs. Sh. Sawar Lal Verma 18. 162 1205/2018 Satya Narayan Vs. Sanwar Mal Varma 19. 163 1236/2018 Suresh Kumar Vs. Naresh Pal Gangwar 20. 164 1279/2018 Nabbu Khan Vs. Sawar Lal Verma 21. 165 1418/2018 Gokul Singh Jhala Vs.

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Sanwar Mal Verma 22. 166 1430/2018 Smt. Bhanwari Devi Vs. Sawar Lal Verma 23. 167 1448/2018 Gokul Singh Jhala Vs. Sanwar Mal Verma 24. 168 1709/2018 Ajmer Singh Vs. Raj Hans Uppadhyay 25. 169 1710/2018 Dwarka Prasad Vs. Raj Hans Uppadhyay 26. 170 1711/2018 Dwarka Prasad Vs. Raj Hans Uppadhyay 27. 171 1712/2018 Shiv Kumar Vs. Raj Hans Uppadhyay 28. 172 1716/2018 Harbhajan Singh Vs. Raj Hans Uppadhyay 29. 173 1717/2018 Nanak Ram Vs. Raj Hans Uppadhyay 30. 174 1767/2018 Babu Lal Vs. Sawar Lal Verma 31. 175 1778/2018 Brij Lal Vs. Raj Hans Upadhyay 32. 176 190/2019 Durga Shankar Pandiya Vs. Shri Sawar Mal Verma 33. 177 301/2019 Ram Narayan Sharma Vs. Umesh Kumar 34. 178 320/2019 Virendra Bhandri Vs. Sanwar Lal Verma 35. 179 339/2019 Govind Singh Vs. Suchi Sharma 36. 180 370/2019 Chintaman Das Vs. Suchi Sharma 37. 181 499/2019 Jaswant Singh Deora Vs. Suchi Sharma 38. 182 510/2019 Samandra Singh Vs. Suchi Sharma 39. 183 511/2019 Kumbha Ram Vs. Sanwarmal Verma 40. 184 587/2019 Shishupal Singh Vs. Mrs. Suchi Sharma 41. 185 590/2019 Devdutt Swami Vs. Suchi Sharma 42. 186 597/2019 Nirmal Mahatma Vs. Suchi Sharma 43. 187 623/2019 Nemi Chand Sharma Vs. Sanwar Lal Verma 44. 188 631/2019 Hanuman Prasad Sharma Vs. Smt. Shuchi Sharma

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45. 189 633/2019 Smt. Shiva Devi Vs. Suchi Sharma 46. 190 683/2019 Bhagirath Singh Solanki Vs. Smt. Suchi Sharma 47. 191 734/2019 Mangesh Kumar Mehta Vs. Sawarmal Verma 48. 192 773/2019 Hari Singh Gurjar Vs. Suchi Sharma 49. 193 820/2019 Bhawani Singh Vs. Suchi Sharma 50. 194 892/2019 Hansraj Gurjar Vs. Umesh Kumar 51. 195 1044/2019 Bhajan Singh Vs. Kuldeep Ranka 52. 196 1046/2019 Balchand Vs. Smt. Suchi Sharma 53. 197 1099/2019 Tara Chand Panchal Vs. Shri Sawar Mal Verma 54. 198 1109/2019 Ashfaque Mohammed Vs. Sawar Mal Verma 55. 199 1114/2019 Roop Lal Vijayvargiya Vs. Shri Sawar Mal Verma 56. 200 1119/2019 Brij Lal Panchal Vs. Sanwar Mal Verma 57. 201 1197/2019 Nahar Singh Vs. Shri Alok Meena 58. 202 1200/2019 Purushottam Lal Paliwal Vs. Shrimati Suchi Sharma, 59. 203 1202/2019 Uday Lal Parashar Vs. Shri Sawar Mal Verma 60. 204 1237/2019 Basant Lal Tailor Vs. Shri Sawar Mal Verma 61. 205 1247/2019 Bhagwan Lal Sharma Vs. Shri Sawar Mal Verma 62. 206 1289/2019 Harish Kumar Shah Vs. Suchi Sharma 63. 207 1296/2019 Satya Narayan Tailor Vs. Mr. Rajhans Upadhyay 64. 208 1310/2019 Binder Singh Vs. Alok 65. 209 1335/2019 Shanti Lal Choudhary Vs. Smt. Suchi Sharma 66. 210 1339/2019 Bhanwar Singh Chundawat Vs. Suchi Sharma 67. 211 1341/2019 Udai Singh Vs. Suchi Sharma 68. 212 15/2020 Ghanshyam Das Sharma Vs. Shri Sawar Mal Verma

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69. 213 41/2020 Pratap Singh Rathore Vs. Shri Sawar Mal Verma 70. 214 44/2020 Rehmat Khan Vs. Shri Sawar Mal Verma 71. 215 54/2020 Radheshyam Soni Vs. Sh. Alok 72. 216 141/2020 Balwan Singh Vs. Kuldeep Ranka 73. 217 196/2020 Narpat Singh Jaitawat Vs. Alok 74. 218 207/2020 Chhattra Singh Chouhan Vs. Shri Alok Meena 75. 219 218/2020 Balkrishna Bairagi Vs. Sawar Mal Verma 76. 220 238/2020 Girdhari Lal Vs. Alok 77. 221 262/2020 Jagdish Vyas Vs. Navin Jain 78. 222 330/2020 Than Singh Vs. Shri Naveen Jain 79. 223 333/2020 Amar Singh Gehlot Vs. Shri Naveen Jain 80. 224 342/2020 Nand Lal Kaler Vs. Mr. Alok 81. 225 375/2020 Rajkumar Sharma Vs. Suchi Sharma 82. 226 382/2020 Ummed Khan Vs. Sawar Mal Verma 83. 227 452/2020 Harbhajan Singh Vs. Shri Naveen Jain 84. 228 503/2020 Kalu Lal Paliwal Vs. Naveen Jain 85. 229 511/2020 Bhagwan Singh Vs. State Of Rajasthan 86. 230 627/2020 Ashok Kumar Mehta Vs.

Shri Dr. Naveen Chandra Jain

87. 231 647/2020 Ramavtar Sharma Vs. Mr. Ravi Shankar Srivastav

88. 232 684/2020 Mota Ram Vs. Naveen Jain

89. 233 729/2020 Suresh Shrimali Vs. Dr. Naveen Chand Jain

90. 234 51/2021 Gurdeep Kaur Vs. Shri Rajeshwar Singh

91. 235 58/2021 Shivlal Nagar Vs. Naveen Jain

92. 236 153/2021 Ramnivas Vs. Shri Rajeshwar Singh (Downloaded on 12/12/2024 at 09:51:37 PM) (12 of 13) [WCP-1027/2018]

93. 237 239/2021 Trilok Singh Rajpurohit Vs. Mr. Rajeshwar Singh

94. 238 336/2021 Dev Kishan Sahu Vs. Rajeshwar Singh

95. 239 362/2021 Ratan Lal Vs. Shri Mahaveer Prasad Meena

96. 240 401/2021 Pukhraj Soni Vs. Shri Naveen Jain

97. 241 409/2021 Loon Dan Vs. Shri Rajeshwar Singh

98. 242 441/2021 Govind Prasad Sharma Vs. Mr. Rajeshwar Singh

99. 243 464/2021 Laxmi Narain Sharma Vs. Rajeshwar Singh

100. 244 517/2021 Lalu Ram Paliwal Vs. Rajeshwar Singh

101. 246 671/2021 Roop Singh Bhati Vs. Mr. Sandeep Verma

102. 247 679/2021 Ram Narayan Gena Vs. Mr. Sandeep Verma

103. 248 685/2021 Surendra Kumar Sharma Vs. Mr. Sandeep Verma

104. 249 720/2021 Ramjivan Jat Vs. Mr. Sandeep Verma

105. 250 796/2021 Bhanwar Lal Goyal Vs. Mr. Sandeep Verma

106. 251 74/2022 Rakesh Bishnoi Vs. Mr. Rajeshwar Singh

107. 252 150/2022 Rajendra Trivedi Vs. Shri Sandeep Verma

108. 254 810/2022 Babu Devi Vs. Mr. Sandeep Verma

109. 255 893/2022 Ganpat Lal Vs. Sandeep Verma

110. 256 980/2022 Narendra Kumar Vs. State Of Rajasthan

111. 257 1206/2022 Sewa Singh Vs. Shri Sandeep Verma

112. 258 49/2023 Vijay Ram Vs. Nathmal Dindel

113. 259 175/2023 Ghanshyam Singh Vs. Mr. Nathmal Didelm

114. 260 683/2023 Vinod Kumar Keral Vs. Nathmal Didel

115. 288 517/2023 Ratan Lal Aacharya Vs. State Of Rajasthan

116. 525 706/2020 Ram Swaroop Vs. Naveen Jain (Downloaded on 12/12/2024 at 09:51:37 PM) (13 of 13) [WCP-1027/2018]

117. 530 544/2024 Madhav Ram Jangid Vs. Smt. Shreya Guha

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