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A trade union is not entitled to any mandatory order in this writ petition for payment of the benefits under ROPA-1998 to each of its additional members: Calcutta High Court.

The Judgement in the case of Calcutta Tram Mazdoor Sabha vs The State Of West Bengal And Others (W.P.O.1017 of 2022) was served by THE HON’BLE JUSTICE ARINDAM MUKHERJEE

FACTS IF THE CASE:

The Calcutta Tram Mazdoor Sabha, a registered trade union, has filed the instant writ petition seeking mandatory orders on the State of West Bengal (hereinafter referred to as respondent no.1) and the West Bengal Transport Corporation (in short “WBTC”) (hereinafter referred to as respondent no.2) to pay the interest on account of arrears of Revised Pay and Allowance 1998 (in short “ROPA 1998”) to W.P.O No.1017 of 2022 its additional members from the date such money was required to be paid till actual payment thereof. On behalf of WBTC the maintainability of the writ petition has been objected to on three counts. It is contended by WBTC that the members of the petitioner union as employees of WBTC has individual claims arising out of individual contract of employment between the employer and employee concerned. The relief claimed in the writ petition does not relate to any trade union’s right but relates to individual rights of the members. The petitioner, therefore, cannot espouse individual cause of its members and as such, the writ petition is not maintainable. WBTC further says that the individual representations brought on record by way of supplementary affidavit are post-filing of the writ petition and as such, they cannot be looked into.

JUDGEMENT:

The court after going through Facts and arguments observed that the petitioner shall within two weeks from date furnish to CTC now known as WBTC a list of its additional members so that it will be convenient for CTC now known as WBTC to process and adjudicate the claim of the W.P.O No.1017 of 2022 additional members of the petitioner on the same being made. The entire exercise for adjudicating the claim and passing of the benefit to those who are entitled to receive the same shall be completed within six months from expiry of one month period from the date this order. Since there is an assurance from the side of the State i.e., respondent no.1, the said respondent shall provide funds to respondent no.2, if necessary to pay the benefits to the additional members of the petitioner.

Nothing further remains to be adjudicated in this instant case the writ petition is disposed of accordingly without any order as to costs. All parties shall act on the basis of a server copy of this order without insisting for production of a certified copy of this judgment and order.

JUDGEMENT REVIEWED BY AKANKSHA 

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