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2007 Supreme(Bom) 899

J.P.DEVADHAR, B.P.DHARMADHIKARI
Koyala Udyog Kamgar Sanghatan – Appellant
Versus
Central Mine Planning & Design Institute Limited – Respondent


Advocates appeared
Shri P.D. Meghe, Advocate for the Petitioners in W.P. 2103/2003.
Kum. K.K. Pathak, Advocate for the Petitioners in W.P. 2190/2003.
Shri S.C. Mehadia, Advocate for the Respondents in both Petitions.

JUDGMENT :

B.P. DHARMADHIKARI, J.

1. The challenge in both these Writ Petitions filed under Article 226 of Constitution of India is to the action of Respondents/Employer of effecting the recovery of amount of H.R.A. i.e. house rent allowance allegedly paid in excess to Petitioners/Employees. Said recovery is on the ground that revised provision and formula for payment of H.R.A. evolved as per National Coal Wage Agreement VI, hereinafter referred to as NCWA-VI has been implemented with effect from 1/6/2001 and therefore payment of H.R.A. in accordance with NCWA-V from 1/7/1996 till 31/5/2001 on revised basic salary i.e. as revised by NCWA-VI was illegal and unwarranted. Petitioners have prayed for quashing & setting aside of the order as contained in fax message dated 5/3/2003 ordering its recovery. W. P. 2103/2003 is filed by ten individuals. There is also prayer to refund the amount if recovered with interest @ 18% per annum in W. P. 2190/2003. Petitioner therein is a trade union registered under the provisions of Trade Unions Act, 1926. In both these matters while issuing "Rule", interim relief has been refused. It is admitted position that thereafter Respondents














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