Excelsior Correspondent
Srinagar, Sept 28: The State High Court today directed the Tourism Authorities to release and pay all outstanding arrears of seven years Cost of Living Allowance (COLA) and Dearness Allowance (DA) to employees under pay revision within a period of two months.
Justice Ali Mohammad Magrey while disposing of the petition quashed the order of Tourism Authorities wherein claim of employees for COLA and DA was rejected and directed the authorities to release all the outstanding arrears to them.
Court also made it clear that in case petitioners have retired after the COLA was converted into DA with effect from July 2010 they shall also be given the allowance within 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 with deducting the amount which they have already been paid should be paid within a period of two months from today,” Justice Mangrey said.
After referring the judgment of Supreme Court relating to the case, Justice Magrey said the petitioners are entitled to release and disbursement of the dues described and enumerated in the Supreme Court judgment. “Respondents are liable to calculate such arrears and pay the same to the petitioners without any further delay”, High Court said.
“It is painful that the order of the court passed by consent of the counsel for the parties has been dealt with disdainfully”, High Court said, adding “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 a CEO”.
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