Central Administrative Tribunal - Kolkata
Cossipore Dum Dum Ordnance Factories ... vs O F B on 15 June, 2021
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Wm THE CENTRAL ADMINISTRATIVE TRIBUNAL, CALCUTTA BENCH,
CALCUTTA
0. A. No. 350 of 2021
IN THE MATTER OF:
1. COSSIPORE & DUM DUM ORDNANCE
FACTORIES MA2DOOR UNION (DUM
DUM BRANCH), a registered Union
being Registration No. 2401 affiliated to j#*#
India. Defence
Federation recognized by Government
of India represented by its Joint
Secretary namely Shri Arindam Sen,
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son of Shri Anil Kumar Sen, having its
registered office at 23/1, Cossipore
Road (Bibi Bazar), Kolkata- 700002;
2. SHRI ARINDAM SEN, son of Shri Anil
Kumar Sen, aged about 47 years,
residing at 8/9, East Mall Road, P.O.*,
Mall Road, P.S.- Baguiati, Kolkata-
700080 and working as Machinist
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(MCMJ' in the Ordnance Factory., Dum
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I Dum. Raja Bagan Estate, Jiessore'
Road, K.B. Sarani, Kolkata- 700028.
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3. SHRIAPURBA SENGUPTA, son of Late
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Sachindra Nath Sengupta, aged about
ift' 62 years,''residing at Anandainoyee
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tv Road, Post Office- Hijalpukuria, P.S.-
Habra, District- 24-^Parganas (North),
Pin-743271 and Mot working as
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Chargeman (T), Personnel No. 87754*9 .
in the Ordnance Factory, Durn Dum.
Raja Bagan Estate, Jessore Road, K.B.
Sarani, Kolkata- 700028
4. SHRI SUKUMAR CHAKRABORTY, son
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of Late Paresh Chandra Chakraborty,
aged about 65 years, residing at
124/64/4, Hind park, Bandipur, P.O.
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Rahara, P.S. Rahara, Kolkata- -700118
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and^ working as Turner (MCM),
Personnel No. 0003S1 in the Ordnance .
Factory* Dwin Dum. Raja Bagan Estate,
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Jessore Road, K.B. Sarani, Kolkata-
4 700028.
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5. SHRI DILIP KUMAR ROY, son of Late
Gurupada Roy, aged about 62 years,
mm residing at Ashiyana Apartment,
9/1/1, U.K, Du£a Road, Kolkata -
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700028 and^working as Fitter (MCM),
»wF' Personnel No., 001424 in the Ordnance
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Jessore Road, K.B. Sarani, Kolkata-
700028 i
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6. All India Association of Non-Gazetted
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14, 14(1)/2001/D{JCM) affiliated to CDRA
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and represented by its Chairman, Shri
jS: Avijit Mukheijee, son of Late Nonigopal
Mukherjee, aged about 58 years,
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residing at Dashadrone, P.O. Rajarhat
. Gopalpur, P.S. Baguiati, Kolkata-
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Mb 700136 and working as Chargeman
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JP" Ordnance Factory, Dum Dum. Raja
v'. a *: Bagan Estate, Jessore Road, K.B.
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Sarani, Kolkata- 700028.
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JAimEJAY BRISHKETU, son of
.V. ' Sftn Sqpjji/ Kumtr Dos, aped aoout 29
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years, residing at Quarter No. ^>-98^
Mall Road Estate, P.O. Mall Road, P.S;- t
Dum Dum, Kolkata-7000^'d: add ' :
working as Chargeman (OTS),
Personnel No. 877683 in the Ordnahce
Factory, Dum Dum. Raja Bagan Estate,
Jessore Road, K.B. Sarani, Kolkata-
700028.
...APPLICANTS
-VERSUS-
1. UNION OF INDIA service through the
Secretary, Ministry of Defence
(Defence and Production), Government
of India, South Block, New Delhi-
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110001.
2. THE CONTROLLER GENERAL OF
DEFENCE ACCOUNTS, Ministry of
Defence, having its office at Ulan Batar
Road, Palam Colony, Delhi
Cantonment, New Delhi-110010.
3. THE DIRECTOR GENERAL OF
ORDNANCE FACTORIES AND THE
chatrman Ordnance Factory Board,
Government of India, Ministry o)
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Defence, having her office at 10A,
Shaheed Khudiram Bose Road,
Calcutta- 700001.
4. THE PRINCIPAL CONTROLLER OF
ACCOUNTS (Fys.). Ministry pf. Defence,
having her office at I0A, Shaheed
Khudiram Bose Road, Calcutta-
700001;
5. THE GENERAL MANAGER, Ordnance
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Factory, Dum Dum. Raja Bagan Estate,
JeSsore Road, K.B. Sarani, Koikata-
700028.
...Respondents.
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1 O.A/350/847/2021
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CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH, KOLKATA
(Through Video Conferencing) ::v
O.A. 350/847/2021 Date of Order: 15.06.2021 1
M.A. 350/301/2021
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Coram: Hon'ble Ms. Bidisha Banerjee, Judicial Member
Hon'ble Dr. (Ms.) Nandita Chatterjee, Administrative Member
COSSIPORE & DUM DUM ORDNANCE
FACTORIES MAZDOOR UNION (DUM DUM
BRANCH) & ORS . 1'
••Applicants I
•Vs-
UNION OF INDIA & ORS
••Respondents.
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For The Applicant(s): Mr. P. C. Das, Counsel
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For The Respondent(s): Mr. B. B. Chatterjee, Counsel
ORDER (ORAL) •Jiv
Per- Bidisha Banerjee. Member (J)
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Heard both the Ld. Counsels.
2. The applicants have preferred an MA. bearing. No. 350/301/2021 :"V-
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praying for liberty to jointly pursue this Original Application. On being
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satisfied that the applicants share common interest and are pursuing a
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common cause of action, they are permitted to jointly move this matter. M.A.
.
No. 301 of 2021 is hence allowed under Rule 4(5)(a) Central Administrative •A'
Tribunal (Procedure) Rules, 1987. i-
3. This application has been filed by the applicants to seek the following
reliefs:
8.(aJ Leave may be granted to the applicants to file this application jointly under Rule
4(5)(b) of the Central Administrative Tribunal (Procedure) Rules, 1987 as because the
concerned Union is making this original application and their members are the
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2 O.A/350/847/2021 .
employees of the concerned Ordnance Factory, therefore under Rule 4(5)(b) of the
Central Administrative Tribunal (Procedure) Rules, 1987 this original application is
permissible;
(b) To quash and/or set aside the impugned office order 21st May 2021 issued by the
General Manager, Ordnance Factory, Dum Dum communicated to the Joint Secretary of
the Union by which the request made by the Joint Secretary on behalf of the Union and
other employees of the factory to extend the benefit of judgment dated 11.11,2020
passed by this Hon'ble Tribunal in OA No. 350/705/2020 has been rejected without
assigning any cogent reason being Annexure A-ll of this original application.
(c) To pass an appropriate order directing upon the respondents to extend the benefit of
the calculation of OTA by inclusion of various allowances i.e. HRA/TA/SFA while
calculating OTA will be extended provisionally to the applicants with retrospective effect
i.e. with effect from 2006 in terms of the direction given by the Learned Central
Administrative Tribunal, Principal Bench, New Delhi in order dated 25.04.2018 in OA No.
650/2016 appearing at Annexure A-5 of this original application and in terms of the
order dated 04.04.2014 passed by the Learned Central Administrative Tribunal, >■
Hyderabad Bench in OA No. 1372/2012 and in terms of the earlier direction given by this
Hon'ble Tribunal in order dated 09.12.2019 in OA No. 350/1523/2019 and in terms of the
order dated 11.11.2020 passed by this Hon'ble Tribunal in OA No. 350/705/2020 and in
the light of the latest order dated 15.03.2021 passed by this Hon'ble Tribunal in O.A no.
350/178/2021 and M.A No. 350/66/2021 in the case of Gun and Shell Factory •r.
Karmachari Union & Ors vs Union of India and others along with all arrear benefits with
effect from 2006;
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(d) To pass an appropriate order directing upon the respondents to give the benefit of
calculation of OTA by inclusion of various allowances i.e. HRA/TA/SFA while calculating
OTA will be extended provisionally to the applicants with retrospective effect i.e. with
effect from 2006 along with all consequential arrear benefits in terms of the direction
given by the Learned Central Administrative Tribunal, Principal Bench, New Delhi in order
dated 25.04.2018 in OA No. 650/2016 appearing at Annexure A5 of this original
application and in terms of the order dated 04.04.2014 passed by the Learned Central
Administrative Tribunal, Hyderabad Bench in OA No. 1372/2012 and in terms of the
earlier direction given by this Hon'ble Tribunal in order dated 09.12.2019 in OA No.
350/1523/2019 and in terms of the order dated 11.11.2020 passed by this Hon'ble
Tribunal in OA No. 350/705/2020 and in the light of the latest order dated 15.03.2021
passed by this Hon'ble Tribunal In O.A no. 350/178/2021 and M.A No. 350/66/2021 in
the case of Gun and Shell Factory Karmachari Union & Ors vs Union of India and others
along with all arrear benefits with effect from 2006;
(e) To declare that the office memo dated 26th June, 2009 issued by the Government of
India, Ministry of Defence and on the basis o said office memo, the subsequent office
orders dated 27.08.2009 along with CGDA letter dated 27.08.2009 and office order
dated 28.10.2009 are nonest and cannot be sustainable in the eye of law as per the
judicial pronouncement made by the Hon'ble High Court of Judicature at Madras in Writ
Petition Nos. 609, 1276, 1466, 1980 to 1982, 9076 and 21035 of 2011 and connected
MPs vide order dated 30.11.2011 because which has been already quashed and/or set
aside by the Hon'ble High Court of Judicature at Madras and on the basis of that, the
benefit of the applicants has been granted by the Hon'bie High Court of Judicature at *
Madras in Writ Petition Nos. 609, 1276, 1466,1980 to 1982, 9076 and 21035 of 2011 as
well as similarly circumstanced employees get benefit by the Learned Central
Administrative Tribunal, Hyderabad Bench in OA No. 1372 of 2012 vide order dated
04.04.2014 and also the decision of the Learned Central Administrative Tribunal, i
Principal Bench, New Delhi in OA No. 650/2016 vide order dated 25.04.2018 cannot be
restricted in connection to the present applicants as they are the similarly circumstanced
persons and they are entitled to get the same reliefs with effect from 2006 and in the
light of the latest order dated 15.03.2021 passed by this Hon'bie Tribunal in O.A no.
350/178/2021 and M.A No. 350/66/2021 in the case of Gun and Shell Factory
Karmachari Union & Ors vs Union of India and others along with all consequential
benefits subject to the decision of the Hon'ble Supreme Court, if any."
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3 0.A/350/847/2021
4. Ld. Counsel for applicants submits that he would be satisfied if a
direction is given to the competent respondents' authority to consider the
case of the applicants in the light of the order passed by this Tribunal in OA.
705/2020 dated 11.11.2020, annexed as annexure A-7 of the OA, which reads
as under:
"3. In pursuance of our earlier direction on 15.10.2020, Id. Counsel for respondents
handed over a copy of proforma affidavit to the Id. Counsel for applicants today, which
is required to be filled up by the applicants duly endorsed from 1st class Magistrate or
Notary.
4. Ld. Counsel for applicants submits that the same shall be submitted by 4 weeks
upon receipt of such affdavit.
5. Therefore, respondents are directed to consider the case of the applicants in the
light of the order passed by the Principle Bench as well as Hyderabad Bench of this
Tribunal for releasing the dues from the admissible dates in terms of the decision and
release the dues positively by 2 months thereafter.
6. As prayed for by Id. Counsel for the applicants, on behalf of Members of the
Applicant Union, dues shall be released in favour of all the members of the Union who
affirm on affidavit through 1st Class Magistrate/Notary.
7. The present OA accordingly stands disposed of. No costs."
5. Ld. Counsel for respondents does not object to such disposal in
accordance with law.
6. Accordingly, this O.A. is disposed of directing the respondents to hand
over a copy of proforma affidavit to the Ld. Counsel for the applicant within a
week, which shall be filled up by the applicants after getting duly endorsed
from a 1st Class Magistrate or Notary and shall be submitted within a period of
four weeks therefrom. Thereafter, the respondents shall consider applicants'
case in the light of the order passed by the Principal Bench as well as
Hyderabad Bench of this Tribunal for releasing dues from the admissible
dates in terms of the decision and, if found eligible, release the dues positively
by 2 months thereafter, subject to outcome of the SLP No. 12845 to 12852 of
2012.
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4 O.A/350/847/2021
7. As prayed for by Id. Counsel for the applicants, on behalf of Members of f
the applicants' Union (existing employees or retired employees], dues shall be
released in favour of all the members of the Union who affirm an affidavit
through 1st Class Magistrate/Notary and there should be no. discrimination
between equals in the matter of grant of OTA etc.
In the event the decision in SLP goes against the petitioner, the
respondents may recover the entire amount. :
8. With the aforesaid observations, the O.A. stands disposed of. No costs.
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(Bidisha Banerjee) '
(Nandita Chatterjee)
Member (A) Member (J)
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