Central Administrative Tribunal - Kolkata
Manas Ranjan Barik vs Hindustan Copper Limited on 4 December, 2025
1 O.A. 903 of 2022 & O.A 345 of 2023.
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
Date of Hearing: 29.10.2025
Date of Order: 04.12.2025.
Coram : Hon'ble Smt. Urmita Datta (Sen), Judicial Member
Hon'ble Mr. Suchitto Kumar Das, Administrative Member
In the matter of :
O.A. 350/903/2022
M.A. 350/338/2022
1. Manas Ranjan Barik, son of Late Jari Lal Barik, residing at
16/C, Doctor Bagan Lane, P.O. Mallickpara, Serampore, Distt.
Hooghly, Pin Code: 712203, Mob-7998665794, Email-
[email protected];
2. Pradip Kumar Sinha, son of Late Raghunath Sharan Sinha,
residing at Flat No. M/17, Old Housing Colony, P.O. Adityapur,
P.S. Adityapur, District Seraikella-Kharshawan, Jharkhand, Pin
831013, Mob-7294164200, [email protected];
3. Nitish Baran Nandy, son of Late Mahesh Chandra Nandy,
residing at D-201, AyushAaralyn, Kanan Vihar Phase ii,
Bhubaneshwar, Odissa, Pin 751017, Mob-9931572150, Email-
[email protected];
4. Partha Sarathi Bhattacharjee, son of Late P. C.
Bhattacharjee, residing at Flat No. 5A, Ganga Anandalok
Apartment, Village Dahigora, P.Ο. Ghatshila, East Singhbhum,
Jharkhand, Pin 832303 Mob-9006987187, Email-
[email protected];
5. Manoj Kumar, son of Late Krishna Kishore Prasad, residing at
Flat No. 2B 2nd Floor, Jamuna Block, Anand Lok Complex,
Dahigora, Gopalpur Ghatshila - 832 303, Dist. East Singhbhum,
Jharkhand, Mob-9431397830, Email- [email protected];
6. Ananga Mahapatra, son of Late Surendra Nath Mahapatra,
residing at Pandra, Sirsa, Jharpokhria, Dist. Mayurbhanj,
Odisha, Pin 757031, Mob-9437870366, Email-
[email protected];
Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone=
Dhrubajyoti banerjee
90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal,
SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee
Reason: I am the author of this document
Location:
Date: 2025.12.04 12:39:37+05'30'
Foxit PDF Reader Version: 2024.3.0
2 O.A. 903 of 2022 & O.A 345 of 2023.
7. Bivash Chowdhury, son of Late Amal Chowdhury, residing at
Flat 1B - 86, G.S. Bose Road, Tiljala, Distt. South 24 Pargana,
Kolkata, West Bengal, Pin 700039, Mob-9755074735 Email-
[email protected];
8. Palikila Krishna Swamy Reddy, son of Late P. Rama Swamy
Reddy, residing at 3B, 3rd Floor, 15/2/31, Jheel Road, Sweet
Land, Santoshpur, Kolkata 700 075, Mob-7294164200, Email-
[email protected];
9. Jyotirmoy Sengupta, son of Late Santosh Kumar Sengupta,
residing at Flat No. H.Chandrakunja, 135 Rifleclub Road, PO:
Bansdroni, Kolkata - 700 070, Mob-9755074573, Email-
jyotirmoy [email protected];
10. Tapas Kumar Ganguly, son of Late Probhas Ganguly,
residing at Royal Enclave (South), Flat No. 206, 21 Dr A.N. Paul
Lane, Bally(M), Ρ.Ο. Bally, Howrah, West Bengal, Pin Code
711201, Mob-8255074735, Email- [email protected];
11. Chandan Chakraborty, son of Late Tamas Ranjan
Chakraborty, residing at Plot No. D-12/11, Uttarayon
Township, Matigara, District Darjeeling, West Bengal, Pin
734010, [email protected];
12. Anand Swaroop Verma, son of Late Bhuneshwar Prasad
Verma, residing at Babu Line, HCL/ICC Colony, Moubhandar,
Ghatshila, District East Singhbhum, Jharkhand, Pin 832103,
Mob-98311074735, [email protected];
13. Tapas Kumar Shaw, son of Late G. B. Shaw, residing at 17,
Mandir Path Bhatia Basti, Kadma, P.O. & P.S. Kadma,
Jamshedpur, District East Singhbhum, Jharkhand, Pin -831005,
Mob-9334353097, [email protected];
14. Bangali Baitha, son of Late Santoshi Baitha, residing at Qr.
No. BL-1/4, Babu Line, Moubhandar, Ghatshila, District East
Singhbhum, Jharkhand, Pin 832103, Mob-9755074534, Email-
[email protected];
15. Amarnath Singh, son of Late Lalan Singh, residing at S-1,
124/3, Lane No. 1, Surya Nagar Colony, Gilat Bazar, Varanasi,
Pin - 221003, Mob-8544074735, Email- [email protected];
16. Dr. Dhananjay Kumar Singh, son of Late Shri Ram Bachan
Singh, residing opposite of East Gate of Gaya Zila School
Mohalla, Pitamaheshwar, P.S. Civil Line, District Gaya, Bihar,
Pin 823001, Mob-9755077545, [email protected];
17. Keshab Chandra Dutta, son of Late Nanadalal Dutta,
residing at 143, Anter Bagan Lane, Hooghly Chinsurah (M),
Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone=
Dhrubajyoti banerjee
90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal,
SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee
Reason: I am the author of this document
Location:
Date: 2025.12.04 12:39:37+05'30'
Foxit PDF Reader Version: 2024.3.0
3 O.A. 903 of 2022 & O.A 345 of 2023.
Chinsurah, Dist. Hooghly, West Bengal Pin: 712101, Mob-
6290790968, Email- [email protected];
18. Shambhu Mardi, son of Late Kandra Mardi, residing at Flat
No.401, Anand Deep Apartment, Dak Banglo Road, Near HDFC
Bank (Ghatshila), P.O. Ghatshila, Dist East Singhbhum,
Jharkhand, Pin 832 303, Mob-7979070817, Email-
[email protected];
19. Benoy Bhusan Sinha, son of Late Krishna Mohan Sinha,
residing at College Road, Gopalpur, Ghatshila, Dist. East
Singhbhum, Jharkhand 832 303, Mob-6202452061, Email-
[email protected];
20. Partho Sarothi Bhattacharjee, son of Late Nirmolendu
Bhattacharjee, residing at D2/11, Smart Home Residency 2,
Vedic Village, Greeen Tech, Bazetaraf, Distt. North 24
Paragana, West Bengal, Pin Code 700135, Mob-9755073547,
Email [email protected];
21. Partha Sakha Maitra, son of Late Tagore Kanti Maitra,
residing at Saroj Apartment, Q/15 Sreenagar, P.O.
Panchasayar, Kolkata 700094, Mob-Email-9903147468,
[email protected];
22. Palikila Cindrella Reddy, wife of Palikila Krishna Swamy
Reddy, residing at 3B, 3rd Floor, 15/2/31, Jheel Road, Sweet
Land, Santoshpur, Kolkata 700 075, Mob-8755074753, Email-
[email protected];
23. Samir Kumar Ghosh, son of Late Chandra Sekhor Ghosh,
residing at Indu Apartment, Flat No. 05, 1st Floor, 1, First Road,
East End Park, 78 Kalikapur Road, P.O. Kalikapur, Kolkata
700099, West Bengal, Mob-900705617, Email-
[email protected];
24. Susanta Debnath, son of Late Suresh Chandra Debnath,
residing at B.M. Road, Dr. Subodh Roy Sarani, Barabazar, P.O.
Chandannagar, Distt. Hooghly, West Bengal, Pin Code 712136,
Mob-9231970165, Email- [email protected];
25. Chandra Mohon Paul, son of Late Banamali Paul, residing at
Q-153, Santoshpur Road, Metiaburuz, near Mudialy Library,
Garden Reach, Kolkata, West Bengal Pin Code 700024, Mob-
8777074734, Email- [email protected];
26. Ravi Bhushan Prasad, son of Late G. K. Lal, residing at Gopi
Chandra Niwas, House 995/2, CDA Colony (North of Shiv
Mandir), P.O. - Lal J, Patna, Bihar, Pincode 800023, Mob-
9835920770, [email protected];
Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone=
Dhrubajyoti banerjee
90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal,
SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee
Reason: I am the author of this document
Location:
Date: 2025.12.04 12:39:37+05'30'
Foxit PDF Reader Version: 2024.3.0
4 O.A. 903 of 2022 & O.A 345 of 2023.
27. Kamalesh Soni, son of Dr. Basant Kumar Soni, residing at
62, Radhawallabh Ward, Kareli, Madhya Pradesh, Pin 487221,
Mob-8986882276, [email protected];
28. Jagdeo Prasad Soni, son of Late Mahadeo Prasad Soni,
residing at E1/302, Rohan Mithila, New Airport Road, Viman
Nagar, Pune, Maharashtra, Pin 411032, Mob-9527311675,
[email protected];
29. Aloke Baran Pal, S/o. Late Manoranjan Pal, Sherwood
Estate, D, 169, NSC Bose Road, Block Lobby 3, Flat 2E, Rajpur
Sonarpur (M), Narendrapur, South 24 Parganas, West Bengal,
Pin 700103. Mob-8017286292, Email-
[email protected];
.............Applicants
-versus-
1. Hindustan Copper Limited, through its Chairman-cum-
Managing Director, having its office situated at "Tamra
Bhawan", 1 Ashutosh Chowdhurry Avenue, Kolkata - 700 019;
2. The Chairman-cum-Managing Director, Hindustan Copper
Limited, having office situated at "Tamra Bhawan", 1, Ashutosh
Chowdhury Avenue, Kolkata - 700 019;
3. The General Manager, Human Resources, Hindustant
Copper Limited, having office situated at "Tamra Bhawan", 1,
Ashutosh Chowdhury Avenue, Kolkata 700 019;
4. The Deputy General Manager (Human Resources),
Hindustan Copper Limited, having office situated at "Tamra
Bhawan", 1, Ashutosh Chowdhurry Avenue, Kolkata-700 019;
5. The Assistant General Manager (Human Resourse),
Hindustan Copper Limited, having office situated at "Tamra
Bhawan", 1, Ashutosh Chowdhurry Avenue, Kolkata 700 019;
6. The Union of India, through the Secretary, Ministry of
Mines, Government of India, having office situated at 3rd
Floor, A Wing 'Shastri Bhawan' New Delhi 110 001;
...... Respondents
For the Applicant : Mr. S.D. Paul, Mr. M. Ganguly (Counsel)
For the Respondents : Mr. B. Neogi, Mr. G. Singh (Counsel)
Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone=
Dhrubajyoti banerjee
90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal,
SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee
Reason: I am the author of this document
Location:
Date: 2025.12.04 12:39:37+05'30'
Foxit PDF Reader Version: 2024.3.0
5 O.A. 903 of 2022 & O.A 345 of 2023.
O.A. 350/345/2023
1. Ex-Executives of Hindustan Copper Limited Welfare Trust,
through its Trustee cum General Secretary, Office at Unique
Apartments, UG-01, L-9, Behind Shiv Shakti Plaza, Mahaveer
Enclave, Palam, New Delhi, 110045, Ph No. 9810835808, email
ID-
2. Mr. Ramesh Kumar Ahuja, Trustee-cum-General Secretary,
The Ex-Executives of Hindustan Copper Limited Welfare Trust,
resident and Office at Unique Apartments, UG-01, L-9, Behind
Shiv Shakti Plaza, Mahaveer Enclave, Palam, New Delhi,
110045. Email- [email protected], Ph - 9810835808
.............Applicants
-versus-
1. Union of India, through the Secretary to the Government of
India, Ministry of Mines, Office at 3rd Floor, A Wing, Shastri
Bhawan, New Delhi-110 001.
2. Hindustan Copper Limited, through its Chairman-cum-
Managing Director, Office at Tamra Bhawan, 1, Ashutosh
Chowdhury Avenue, Kolkata-700 019.
3. The Chairman-Cum-Managing Director, Hindustan Copper
Limited, Office at Tamra Bhawan, 1, Ashutosh Chowdhury
Avenue, Kolkata-700 019.
4. The Director (Personnel), Hindustan Copper Limited, Office
at Tamra Bhawan, 1, Ashutosh Chowdhury Avenue, Kolkata-
700 019.
5. The General Manager, Human Resources, Hindustan Copper
Limited, Office at Tamra Bhawan, 1, Ashutosh Chowdhury
Avenue, Kolkata-700 019.
...... Respondents
For the Applicant : Mr. Arpa Chakraborty (Counsel)
Ms. P. Mondal (Counsel)
Mr. A. Lahiri (Counsel)
For the Respondents : Mr. B. Neogi (Counsel)
Mr. G. Singh (Counsel)
Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone=
Dhrubajyoti banerjee
90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal,
SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee
Reason: I am the author of this document
Location:
Date: 2025.12.04 12:39:37+05'30'
Foxit PDF Reader Version: 2024.3.0
6 O.A. 903 of 2022 & O.A 345 of 2023.
ORDER
Per Hon'ble Mr. Suchitto Kumar Das, Administrative Member :
1. Issues involved in O.A No. 350/903/2022 and O.A No. 350/345/2023 being closely related, the two O.As have been heard together and are disposed of by the following common order.
2. The applicant filed O.A No. 350/903/2022 under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief(s):
"a) Mandatory order do issue commanding the respondent authorities and each one of them, their men, agents, assigns and/or subordinates to take immediate steps for disbursed the unpaid arrears salaries of the applicants for the period of 01.01.1997 to 30.11.1999 along with the simple interest accrued there on at the rate of 16% per annum calculating from 01.01.1997;
b) Mandatory order do issue commanding the respondent authorities and each one of them, their men, agents, assigns and/or subordinates to certify and transmit to this Hon'ble Tribunal the records of the instant case, forming the basis of non consideration of the joint application of the applicant dated 07.02.2022 and the reminder dated 09.03.2022, so that conscionable justice may be administered by quashing the same;
c) Mandatory order do issue commanding the respondent authorities and each one of them, their men, agents, assigns and/or subordinates to take immediate steps for disbursed the unpaid arrears salaries of the applicants for the period of 01.01.1997 to 30.11.1999 along with the simple interest accrued there on at the rate of 16% per annum calculating from 01.01.1997;
d) Any other appropriate direction/directions and/or order/orders as this Hon'ble Tribunal may deem fit and proper."
3. The applicant filed O.A No. 350/345/2023 under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief(s):
"a) An Order do issue directing the respondents to act and proceed in accordance with the provisions of law;
b) An Order do issue directing the respondents to extend the benefit of the Order and Judgment dated 17.3.2021 passed by the Hon'ble High Court at Calcutta in WP.CT No.45 of 2020 affirmed by the Order & Judgement dated 12.11.2021 passed by the Hon'ble Supreme Court of India in Hindustan Copper Limited and Anr -Vs- Sujit Kr Kar and Ors. in SLP (C) No. 15098-99 of 2021 to each individual member of the Ex-
Executives of Hindustan Copper Limited Trust i.e. the applicant No. 1 Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.12.04 12:39:37+05'30' Foxit PDF Reader Version: 2024.3.0 7 O.A. 903 of 2022 & O.A 345 of 2023.
and thereby to disburse the arrears of Pay Revision in their favour due from 01.01.1997 to 30.11.1999 in terms of the pay revision of 17.04.2006;
c) An Order do issue directing the respondents to pay each individual member of the Applicant Trust interest at the rate of 16% per annum on the arrears for the period 01.01.1997 to 30.11.1999 from 17.04.2006 till the date of actual payment;
d) To grant all consequential benefits;
e) To grant Costs and incidentals;
f) Certify and transmit the entire records and papers pertaining to the applicant's case so that after the causes shown thereof conscionable justice may be done unto the applicant by way of grant of reliefs as prayed for in (a), (b) and (c) above;
g) Any other order or orders as the Hon'ble Tribunal deems fit and proper."
4. Facts of the cases as narrated by the applicant are as follows:
In or about the year 1997 and onwards, the respondents Company had to incur continuous losses due to drastic fall in the London Metal Exchange (LME) price of copper which also resulted in non-revision of the pay scales of its officers including that of the members of the applicant Trust herein. After the financial health of the Company gradually started improving, the process of revision of salary of the Executives was initiated with effect from 01.01.1997 by obtaining sanction from the Ministry of Mines, Government of India. The Deputy Secretary to the Government of India, Ministry of Mines, by a letter No. 10/03/2004-Met III dated 17.04.2006 to the HCL communicated the decision of the Government of India to implement the pay revision and other benefits for Board and below Board level Executives with effect from 01.01.1997 as per the revised scales of pay indicated in the Department of Public Enterprise's O.M. dated 25.06.1999, following which, respondents issued an Office Order dated 22.04.2006 declaring the scales of pay of all the regular Executives borne on the rolls of the Company as on 01.01.1997. The period of pay revision was from 01.01.1997 to 31.12.2006. Accordingly, 1997 Pay Revision was implemented and all eligible Executives were Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.12.04 12:39:37+05'30' Foxit PDF Reader Version: 2024.3.0 8 O.A. 903 of 2022 & O.A 345 of 2023.
paid arrears of Pay Revision from 01.08.2004 to 31.03.2006. On 17.10.2008, the Under Secretary, Ministry of Mines wrote to the General Manager (HR), HCL, conveying the approval of the Government to the payment of residual arrears arising out of 1997 pay revision from 01.01.1997 to 30.11.1999 for the then working Executives and other separated executives other than Voluntarily Retired. The arrears were to be paid in two instalments in the current financial year on or before 31.03.2009. Company released the arrears from 01.12.1999 to 31.07.2002 but withheld the second instalment of the arrears from 01.01.1997 to 30.11.1999, on the ground of shortage of funds.
On 16.04.2009, a meeting was held between the Management of the Company and various Trade Unions. In the said meeting, the Unions, representing the existing workers and staff of the Company unanimously consented to forego the residual 1997 wage arrears for the period 1.11.1997 to 30.11.1999. No such consent to forego the residual arrears arising out of the 1997 Pay Revision was given on behalf of the separated Executives of the Company to the Management at any point of time. HCL initiated the process of revising the salary of existing employees without clearing the dues for the members of the applicant Trust for the period from 01.01.1997 to 30.11.1999 and sanctioned ad-hoc relief @ 18% of the salary from May 2009 against pay revision of 2007. On 25.02.2011, the respondents intimated that in view of the operational requirements and modernization of the company, its available financial resources could not be diverted towards clearing the outstanding dues towards arrears of Pay Revision Arrears benefits of such ex-employees. In 2011, some Ex-Executives of the respondent Company approached the Hon'ble High Court at Calcutta by preferring a writ petition W.P. No. 6501 (W) of 2011 praying for similar relief as claimed by the applicants herein i.e. payment of the arrears of pay for the period Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.12.04 12:39:37+05'30' Foxit PDF Reader Version: 2024.3.0 9 O.A. 903 of 2022 & O.A 345 of 2023.
01.01.1997 to 30.11.1999. By its judgement dated 24.12.2014, the Hon'ble Court set aside the decision of the respondent company not to pay the residual arrears arising out of the 1997 Pay Revision with a further direction upon the respondents to take all necessary steps for the release of the arrears arising out of the said Pay Revision for the period 01.01.97 to 30.11.99 along with interest at the rate of 8%.
On appeal, a Division Bench of the Hon'ble High Court at Calcutta transferred the records of the said writ petition to this Tribunal for want of jurisdiction. The case was re-numbered as O.A. No. 350/00714/2018. On 24.06.2020, the Tribunal passed an order directing the respondent company to review their stand whether the present financial capacity allows them to incur an additional expenditure towards the arrear of 01.01.1997 to 30.11.1999 of the applicants therein and to review their stand and to disburse such arrear whenever their paying capacity so permits. Assailing the aforesaid order dated 24.06.2020, some of the applicants therein preferred a Writ Application W.P.C.T. No. 45 of 2020 which was disposed of by the Division Bench of Hon'ble High Court at Calcutta by an Order dated 17.03.2021 with a direction to "Delete and Expunge" the paragraph 12 of the order dated 24.06.2020 passed in O.A. 350/00714/2018 thereby deleting the discretion of the respondent Company to pay the arrear salaries for the period of 01.01.1997 to 30.11.1999 to the executives. The Hon'ble High Court further directed the respondent company to pay the arrear for the period of 01.11.1997 to 30.11.1999 to the petitioners therein or to their legal heirs. The respondent company preferred an appeal before the Hon'ble Supreme Court of India impugning the above referred judgment dated 17.03.2021 which was taken up on 12.11.2021 when the special leave petition was dismissed. The applicant Trust continued with their approaches for grant of the said benefit but to no avail. The applicant Trust approached the Hon'ble Supreme Court of Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.12.04 12:39:37+05'30' Foxit PDF Reader Version: 2024.3.0 10 O.A. 903 of 2022 & O.A 345 of 2023.
India vide W.P. (C) No. 749/2022 under Article 32 of the Constitution of India which was dismissed on 30.09.2022 by the Hon'ble Supreme Court without prejudice to all remedies open to the applicants in law. The applicant Trust then filed this O.A praying for payment of arrears of pay for the period from 01.01.1997 to 30.11.1999 with interest.
5. Ld. Counsel for the applicants submits that the respondents have raised the maintainability issue citing the Trust Act, 1982 as the objects of formation of the Trust had already been declared in the instrument placed for the registration before the competent authority and the said instrument had duly been accepted by the Registering authority. The Trust is an instrument only which can be in relation to movable property or immovable property which can be formed for public benevolence, welfare of members etc. Ld. Counsel for the applicants submits that a trust in relation to a movable property can be declared as in the case of immovable property and the same makes the difference only with respect to mandatory registration of the instrument and optional registration respectively. The main objective behind formation of a Trust is that the Trust should be created for lawful purpose.
Ld. Counsel for the applicants submits that the issue of delay of 23 years as contended by the respondents is not tenable since the claim of the applicants is related to pay, the non-payment of which by the respondents renders the same to be a recurring cause of action as settled in terms of the various judicial pronouncements. Also, the issue had only been settled in 2021 after the matters on identical issues reached the Hon'ble Supreme Court of India. In the instant case, the claim of the applicants is for direction upon the respondents to extend the benefit of the Judgment dated 17.03.2021 passed by the Hon'ble High Court Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.12.04 12:39:37+05'30' Foxit PDF Reader Version: 2024.3.0 11 O.A. 903 of 2022 & O.A 345 of 2023.
at Calcutta in WP.CT No. 45 of 2020 affirmed by the Order dated 12.11.2021 passed by the Hon'ble Supreme Court of India in SLP (C) No. 15098-99 of 2021.
Ld. Counsel for the applicants submits that the HCL, despite being a Mini Ratna, and having recovered from its financial slump and having paid arrears of 2007 pay Revision, refused to disburse the legitimate dues of its ex-Executives. When the Government of India had already issued Office Orders towards implementation of the wage revision with respect to the total withheld period, respondents Company cannot be permitted to grant benefits for some period and withhold the amount for the remaining period i.e. the period in question. The reason for non-disbursal of revised amounts of pay to its employees was due to HCL's poor financial condition at that point of time. Since 2004, HCL's financial condition has improved significantly, leading to the issuance of a letter dated 17.04.2006 by the Deputy Secretary, Ministry of Mines, to effect pay revision for HCL's employees w.e.f. 01.01.1997. By HCL's own admission on its website, in the financial year 2020-21, it earned a net profit (PAT) of Rs 109.98 crores against a sales turnover of Rs 1,760.84 crores. The latest circulation in the website of the respondents would show the earned net profit (PBT) of Rs 632.40 Crores for the period ended on 31st March, 2025. Further Circulation by the respondents with respect to the period from 2014-2015 to 2023-2024 would show the enormous profits made by the respondents. The action by HCL amounts to hostile discrimination against persons like the members of the applicant Trust and is violative of Article 14 of the Constitution.
Ld. Counsel for the applicants submits that the applicants' members are similarly circumstanced as the Ex-Executives of the respondent company who had been the beneficiary of the judgment dated 17.03.2021 passed in W.P.C.T. 45 of Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.12.04 12:39:37+05'30' Foxit PDF Reader Version: 2024.3.0 12 O.A. 903 of 2022 & O.A 345 of 2023.
2020, and are therefore legally entitled to the same benefits with regard to the unpaid arrear salaries for the period from 01.1.1997 to 30.11.1999. There is absolutely no dispute regarding the entitlement of the members of the Applicant Trust to the arrears for the above-mentioned period. Service jurisprudence evolved by this Court from time-to-time postulates that all persons similarly situated should be treated similarly. The issue in the instant Original Application relates to arrears of Pay Revision. Since the respondents, on 17.10.2008, took decision to pay arrears of pay revision from 01.01.1997 to 31.07.2002 and, out of the said period, arrears from the period 01.12.1999 to 31.07.2002 had already been paid to the executives of the respondents, it was the duty and the obligation of the respondents to clear payment of arrears of pay revision for the period from 01.01.1997 to 30.11.1999 and non-payment of arrears of pay revision from 01.01.1997 to 30.11.1999 is a continuing wrong on the part of the respondents which entitles the applicants to be granted with the relief even if there is long delay in seeking remedy as has been decided by the Hon'ble Supreme Court of India in the case of Union of India & Ors. -Vs- Tarsem Singh reported in (2008) 8 SCC 648. More so, as has been observed in the said mandate, when the issue relates to payment or re-fixation of pay or pension, relief can be granted in spite of delay as it does not affect the rights of third parties.
6. Ld. Counsel for the respondents submits that though the applicants herein claim parity with the applicants of WPCT No. 45 of 2020 but they failed to disclose that the judgment of the Hon'ble High Court was judgment in-personam. Since, the judgment was not in-rem and the applicants herein at no point of time took any step to ventilate their grievance, they cannot claim parity with those applicants. The applicants herein are fence sitters. As per the principle laid down by the Hon'ble Supreme Court the fence sitters who are watching the result of a Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.12.04 12:39:37+05'30' Foxit PDF Reader Version: 2024.3.0 13 O.A. 903 of 2022 & O.A 345 of 2023.
proceeding, to jump in and take advantage thereof as and when necessary is a speculator. Thus, as per settled law, the applicants being fence sitters neither they have any right to claim any benefit nor this original application filed by them is maintainable.
Ld. Counsel for the respondents submits that the present applicants not only accepted the 1997 pay revision issued by order dated 22.04.2006 but thereafter also accepted the benefit of 2007 pay revision issued by office order dated 02.03.2010 and subsequent pay revision with effect from 01.01.2017 issued by order dated 27.10.2017 without any demur and without any representation praying for arrears of the 1997 pay revision.
Ld. Counsel for the respondents submits that the letter dated 17.10.2008 explicitly mentions that the payment of arrears arising out of 1997 pay revision from the period of 1.01.1997 to 31.07.2002 to the existing employees and to those separated otherwise than on VR, were to be paid in two instalments during the current fiscal year subject to availability of surplus fund. These payments were to be paid in two instalments during the 'current fiscal year' subject to 'availability of surplus fund'. Accordingly, the respondent in terms of the availability of its surplus fund paid all arrears beyond 30.11.1999 and thereafter by office order dated 02.03.2010 gave effect to 2007 pay revision with effect from 01.01.2007. If the applicants were in any way aggrieved by the inaction of the respondents, they ought to have ventilated their grievances immediately after the expiry of the current fiscal year in terms of the order dated 17.10.2008 and not at a later date. Ld. Counsel for the respondents further submits that the applicants accepted the subsequent pay revision of 2007 issued by office order 02.03.2010 without any demur. Though the Applicant Trust herein is seeking benefit of pay revision for Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.12.04 12:39:37+05'30' Foxit PDF Reader Version: 2024.3.0 14 O.A. 903 of 2022 & O.A 345 of 2023.
the period from 1997 to 1999 after a long and unexplained delay, it failed to file any application for condonation of delay. This application is liable to be dismissed on the ground of delay and latches.
Ld. Counsel for the respondents submits that the arrears of salaries and allowances do not come within the preview of immovable property and the prayer of the trustee before this Tribunal is for a direction upon the respondents to follow certain direction passed by the Hon'ble High Court in WPCT No. 45 of 2020 and to pay members of the trust service benefits. Since payment of salaries and allowances are not immovable properties and since such claim relates to payment of arrears of benefit of pay revision of 1997 the same can in no way be considered as immovable property. The grievances of ex-executives and the legal heirs of ex-executives cannot form a trust for redressal of their grievance relating to non-payment of benefit of pay revision from 1.1.1997 to 30.11.1999. The answering respondents submit that this original application is not maintainable by the Trust in view of the Trust Act, 1982.
Ld. Counsel for the respondents submits that it was noted by the Tribunal in its order in O.A No. 714 of 2018 that the applicants therein retired from the respondent organization between 01.01.1997 and 30.04.2006. The pay revision that ought to be effected from 01.01.1997, was effected not from 01.01.1997 but from December 1999 which allegedly deprived the then applicants financially. The case of the applicants in OA No. 714 of 2018 is different from the case of the employees serving at that point of time as is the case with the applicants herein who were working at that period of time and not only accepted the 1997 pay revision but thereafter subsequent pay revision of 2007 and 2017 without any Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.12.04 12:39:37+05'30' Foxit PDF Reader Version: 2024.3.0 15 O.A. 903 of 2022 & O.A 345 of 2023.
demur. Therefore, the present applicants cannot seek parity of the judgment passed by the Hon'ble High Court passed in WPCT No. 45 of 2020.
Ld. Counsel for the respondents submits that the applicants herein are fence sitters as they waited for beneficial order to be passed by the judiciary. The applicants chose to sit tight over the matter and woke up from slumber after the final decision passed by the Hon'ble Supreme Court. The Hon'ble Supreme Court in this regard has settled the principles of seeking parity by the fence sitters in 2015 1 SCC 347.
Ld. Counsel for the respondents further submits that the Hon'ble High Court in its judgment in WPCT No. 45 of 2020 specifically upheld that "the order of the Tribunal are confined to the employees before the Hon'ble Tribunal and the legal heirs of those who have already died. This order does not take into account the alleged claim of other employees". Ld. Counsel for the respondents submits that the Hon'ble Apex Court upheld the order passed by the Hon'ble High Court noting that only Rs.65,67,856 lakhs were to be paid to applicants of that application. The spirit of the said judgment passed by the Hon'ble Apex Court was not to direct that ex-employees as and when according to their sweet will come before the judiciary they should be given the benefits even though they were not parties to the writ petition.
Ld. Counsel for the respondents raises the following points of law:
1. Whether the applicant has any right to approach before this Hon'ble Tribunal seeking relief for a cause of action related to 1997 to 1999 after a long delay without making any application for condonation of delay, explaining the cause of such inordinate delay in filing of the original application that too by a Trust? Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.12.04 12:39:37+05'30' Foxit PDF Reader Version: 2024.3.0 16 O.A. 903 of 2022 & O.A 345 of 2023.
2. Whether this Tribunal, having differentiated the case of the applicants in OA No. 714 of 20218 from the serving employees at that period of time, that is the present applicants, can act dehors its own finding?
3. Whether the applicants having accepted not only the revision of pay of 1997 with actual effect from 1.08.2004 and the subsequent revisions of pay with effect from 01.01.2007 and 01.01.2017 without any objection, can have any right to approach the Hon'ble Tribunal for getting the benefits of the arrears for the period from 1997 to 1999 (notional period) of revision of pay of 1997?
4. Whether fence sitters have any right to seek parity of beneficial order passed by the Hon'ble High Court only in favour of the Petitioners in that writ petition, particularly when the Hon'ble Supreme Court upheld the said Judgment passed by the Hon'ble High Court?
5. Whether a Trust can file original applications without making the members of the said Trust as a party praying for direction upon the HCL authority to disburse the arrears of salaries and allowances and whether a Trust comes within the preview of immovable properties in terms of section 5 of the Trust Act?
6. Whether the applicants are equally circumstanced to the applicants in O.A No.714 Of 2018 as the applicants of the said original application had superannuated from their service before 30.04.2006 and could not enjoy the benefits of the pay revision unlike the Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.12.04 12:39:37+05'30' Foxit PDF Reader Version: 2024.3.0 17 O.A. 903 of 2022 & O.A 345 of 2023.
present applicants as the actual effect to the same was given effect from 01.08.2004?
7. Whether the applicants can seek parity with the writ petitioners of the writ petition being WPCT No. 45 of 2020 when the Hon'ble High court was pleased to restrict the benefit to the applicants/ petitioners who were before the Hon'ble Tribunal only and the said Judgment having attained finality, being upheld by the Hon'ble Supreme Court allowed the benefits only to the petitioners of that Special Leave Petition?
8. Whether the applicants herein after having accepted the benefit of revision in the scale of pay with actual effect from 01.08.2004 without raising any demur at any point can seek arrears and that too after taking advantage of the subsequent revisions in scales of pay?
7. Having heard the parties and after perusing the material on record, following issues are framed:
(i) Whether a Trust can be an applicant in an O.A.
(ii) Whether the judgment of the Hon'ble High Court at Calcutta in W.P. 45 of 2018 is applicable to the members of the applicant Trust.
(iii) Whether the application suffers from delays and laches.
8. As per the India Trusts Act of 1982, a Trust can be created for any lawful purpose. In the instant case, the applicant Trust has been created to jointly pursue the claims of the ex-employees of the respondent organization. Rule 4(5)(b) of the CAT Rules provides for filing of an O.A by an Association of employees provided at least one of the members of the Association is also an Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.12.04 12:39:37+05'30' Foxit PDF Reader Version: 2024.3.0 18 O.A. 903 of 2022 & O.A 345 of 2023.
applicant. The instant application has been filed by the applicant Trust and its General Secretary. It is therefore held that the O.A satisfies the condition laid down in Rule 4(5)(b) of the CAT Procedure & Rules.
9. The applicants have principally relied on the judgement of the Hon'ble High Court in WPCT 45 of 2020 to claim the relief. Relevant parts of this judgment are reproduced below:
(emphasis added) "The order of the tribunal and our order are confined to the employees before the tribunal and the legal heirs of those who have already died. This order does not take into account the alleged claim of the other employees.
In those circumstances, we delete and expunge paragraph 12 of the impugned order of the tribunal and direct that the arrear payment of the employees, who approached the tribunal, between 1st January 1997 and 30th November 1999 be paid to them or the legal heirs of the deceased applicants, within 31st March 2022, out of which half of the amount should be paid by 30th September 2021."
A plain reading of the underlined part of the judgment quoted above, it is amply clear that the operative part of the order is applicable only to the applicants who were before the Tribunal in O.A No. 714 of 2018. It is not disputed by the applicants herein that they were not parties to the said O.A. We therefore agree with the contention of the respondents that the applicants cannot claim the benefit of the judgment of the Hon'ble High Court in WPCT No. 45 of 2020. Further, an SLP against the Hon'ble High Court's judgment was dismissed by the Hon'ble Apex Court which took cognizance of total financial liability of Rs. 65,67,856/- only in the matter. This amount of Rs. 65,67,856/- is the total amount required to pay the arrears for the period from 01.01.1997 to 30.11.1999 only in respect of applicants in O.A No. 714 of 2018. It is thus clear that the Hon'ble Supreme Court too upheld the Hon'ble High Court's order in respect of the applicants in O.A No. 714 of 2018 only. In view of the specific observations of the Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.12.04 12:39:37+05'30' Foxit PDF Reader Version: 2024.3.0 19 O.A. 903 of 2022 & O.A 345 of 2023.
Hon'ble High Court in its order in WPCT 45 of 2020 and of the Hon'ble Apex Court in SLP (C) Nos. 15098-15099/2021, the applicants herein, not being the applicants in OA 714 of 2018 cannot claim similar relief on the ground of being similarly placed with the applicants in O.A No. 714 of 2020.
10. Applicants were denied the arrears of pay for the period from 01.01.1997 to 30.11.1999. A decision not to pay these arrears can be deemed to have been taken by the respondents in 2008-09 when arrears for the period between 1999 and 2002 were paid without payment of arrears for the earlier period. Applicants have sought relief against this denial of payment by filing this O.A in 2023. Their justification for this delay of more than a decade in filing the O.A is based on their reliance on the judgment of the Hon'ble High Court in WPCT No. 45 of 2020 which reached finality with the dismissal of the SLP (C) Nos. 15098-15099/2021 by the Hon'ble Supreme Court on 12.11.2021. We have already held in Para 9 above that this reliance is misplaced as the aforesaid judgment of the Hon'ble High Court applies only to the applicants in O.A No. 714 of 2018. Thus, the reason for this inordinate delay in approaching the Tribunal by the applicants is not acceptable. Therefore, the O.As are liable to be dismissed on the grounds of delay.
11. O.As are accordingly dismissed with no order as to costs. The pending M.A is also disposed of accordingly.
(Suchitto Kumar Das) (Urmita Datta (Sen))
Member (A) Member (J)
DB
Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.12.04 12:39:37+05'30' Foxit PDF Reader Version: 2024.3.0