1 2025:CGHC:44864 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPL No. 19 of 2022  Mohd. Wasi S/o Late Shri S. Mohammad, Aged About 67 Years R/o Quarter No. 1-B/156 Colony Vishrampur, Ps-Vishrampur, Tahsil Surajpur, District Surajpur Chhattisgarh, District : Surajpur, Chhattisgarh ... Petitioner(s) versus 1. South Eastern Coalfields Limited Through General Manager (P And A), South Eastern Coalfields Limited Seepat Road, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 2. The General Manager, South Eastern Coalfields Limited, Bishrampur, Police Station And Tahsil Bishrampur District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh ... Respondent(s) For Petitioner : Ms. Anamika Jain, Advocate on behalf of Mr. Devershi Thakur, Advocate For Respondents : Mr. H.B. Agrawal, Senior Advocate along with Ms. Priti Yadav, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 03-09-2025 1) Facts of the present case are that petitioner was initially appointed to the post of Office Superintendent at Kumda Sub-Area, Bishrampur Area, District – Surajpur (C.G.) under the respondents and after attaining the age of superannuation, he stood retired on 30.06.2015. During the service tenure, petitioner was allotted Quarter No. 1-B/156 2 by the employer and he is still residing there along with his family and he has not vacated the said residential accommodation till date. After retirement, retiral dues were not paid to petitioner, therefore he approached the learned Central Government Industrial Tribunal -cum- Labour Court, Jabalpur by moving an application U/s 33 (c)(2) of the Industrial Disputes Act, 1947 claiming therein retiral dues. Learned tribunal vide its order dated 25.11.2021 observed that “Management cannot be held unjustified in withholding the leave encashment and other dues of the applicants in adjustment of the amount the applicants owe to management as referred above.” Learned Tribunal held petitioner liable to pay the standard penal rent with electricity and all other dues and dismissed the claim petition on 25.11.2021. 2) Learned counsel for the petitioner submits that petitioner is entitled to receive the amount of gratuity, C.M.P.F., provident fund and leave encashment which have not been paid till date. She further submits that learned Tribunal failed to consider this aspect. She prays to quash the order dated 25.11.2021. 3) On the other hand, learned Senior counsel appearing on behalf of respondents submits that an amount of Rs. 10 Lakhs towards gratuity has been paid to petitioner pursuant to order dated 26.07.2016 (Annexure R/1). He further submits that other retiral dues have not been paid to petitioner as respondents have to adjust the penal rent and other dues against the available dues and petitioner has not vacated the said residential accommodation till date. He contends that this petition deserves to be dismissed. 4) Heard learned counsel for the parties and perused the documents placed on record. 3 5) Admittedly, petitioner is a retired employee of respondent-Company. The Company has not made payment of retiral dues and petitioner has not vacated residential accommodation. As reflected from letter issued by the Controlling Authority under PG Act-cum-Regional Labour Commissioner, Bilaspur dated 26.07.2016, amount of gratuity has already been paid to petitioner, but other dues have not been paid yet. 6) Learned Tribunal held that petitioner is in possession of the residential accommodation even after superannuation and thus his status is that of an illegal occupant and he is liable to pay the standard penal rent. In the opinion of this Court, the observation made by the learned Tribunal with regard to standard penal rent appears to be unreasonable, therefore that part is hereby quashed. 7) It is directed that petitioner shall vacate the residential accommodation within period of 30 days from today and respondent-Company shall make payment of the outstanding retiral dues after adjusting amount or rent at simple applicable rate along with electricity and other dues within further period of 30 days. 8) With the aforesaid observation(s) and direction(s), this petition stands disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a Digitally signed by AJINKYA PANSARE Date: 2025.09.03 14:49:23 +0530