Mine Planning & Design Institute Limited & Ors Vs. Jayant & Ors
 Insc 191 (18
Kapadia & B. Sudershan Reddy
O R D
E R CIVIL APPEAL NO.1404 OF 2008 (Arising out of S.L.P.(C) No.20591/2007 WITH
CIVIL APPEAL NO.1405 OF 2008 (Arising out of S.L.P.(C) No.20595/2007 Leave
Civil Appeals are directed against the judgment dated 6th July, 2007 passed by the High Court of Bombay,
Nagpur Bench, in Writ Petitions Nos.2103/2003 and 2190/2003.
appellant Company is a subsidiary of Coal India Limited.
challenge before the High Court in the above writ petitions filed by Koyala Udyog
Kamgar Sanghathan was to the action of the Management in effecting recovery of
HRA allegedly paid in excess to non-executive employees stationed at Nagpur (A Class). The said recovery was
made by the Management purportedly on the ground that revised ...2/- -2-
formula for payment of HRA in terms of Wage Agreement No.VI stood implemented
with effect from 1.7.1999 and not from 1.7.1996 as contended by the Sangathan.
It is contended by the Management that except the member-employees of the Sangathan,
all other Unions in other regions understood the payability of HRA with effect
from 1.7.1999. This contention of the Management for recovering the so-called
excess amount was not accepted by the High Court in its impugned judgment. Hence
these Civil Appeals.
confining our order expressly to the facts of this case. On facts of this case,
we are of the view that this is a harsh case as not only the amount of Rs.9,56,036/-
was paid to the employees but even tax was paid by the workers thereon. Further
on reading Annexure C1 dated 23.5.2002, it is clear that CFO had acted on some
communications from the Central Office which were capable of two interpretations.
The instructions to CFO were not clear for which no fault lay at the doorsteps
of the member-employees of the Sangathan.
informed that on question of interpretation of the Wage Agreements Nos. V and
VI and on above Instructions issued by the Standardization Committee, writ
petitions have been filed by other Unions which are pending before the Kolkata
-3- Treating this case as a stand-alone case and without expressing any opinion
on the interpretation of the Wage Agreements Nos.V and VI and the above
Instructions, we direct the Management to pay to the Respondent-Sangathan
herein/its member-employees the said sum of Rs.9,56,036/- within eight weeks.
on both sides are kept open. Our present order will not be cited as a precedent
in the pending or future proceedings adopted/to be adopted by other Unions
which will be decided on their own merits uninfluenced by the observations made
in the impugned judgment of the Bombay High Court. Before concluding, we clarify
that the said amount of Rs.9,56,036/- will be paid without interest.
Civil Appeals are disposed of accordingly, with no order as to cost.
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