A registered and recognized trade union is entitled to maintain a writ petition for claims of employees/workmen maturing after collective bargaining.

JUDGMENT

Arindam Mukherjee, J. - 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 its additional members from the date such money was required to be paid till actual payment thereof.

2. 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.

3. The petitioner says that by a Government Resolution bearing no.1183-F dated 27th November, 1995 read with the Resolution no.11833-F dated 27th November, 1995, a Pay Commission was constituted for examining the structure of emoluments and other conditions of service of the members of State Government Undertakings, statutory bodies, corporations etc., and for making suitable recommendation. The Pay Commission submitted its recommendation which was accepted by a notification bearing No.7306-F dated 16th October, 1998 published by the Government of West Bengal, Finance Department with a retrospective effect from 1st January, 1996. The Government of West Bengal, Transport Department, by a memorandum dated 23rd June, 2000 also accepted the proposals and agreed to pay the arrears with interest in instalments. This was followed by a memorandum dated 21st July, 2000, issued by CTC now known as WBTC accepting the proposals. Under the two memoranda respectively dated 23rd June, 2000 and 21st July, 2000, the State Government as also CTC had agreed to pay the arrears for the period from 1st April, 1997 to 31st March, 2000 in five annual instalments, the first of which being payable not before 1st November, 2002 along with interest to be calculated from 1st April, 2000. The employees/workmen of CTC now known as WBTC, therefor, were to get the arrears from 1st April, 1997 to 31st March, 2000 with interest up to April, 2000 in five annual instalments. The principal sum along with the interest up to April, 2000 as per the two memoranda had been paid to the employees/workmen of CTC but much after the schedule date. The petitioner as a registered trade union is claiming interest on behalf of its additional members for the delayed payment between the scheduled date and the actual date of payment.

4. After hearing the parties and considering the materials on record, the following questions fall for consideration:-

1. Whether the writ petition at the instance of the petitioner, a registered and recognised Trade Union claiming benefits available to employees/workmen of CTC now known as WBTC being its additional members, is maintainable?

2. To what reliefs can the petitioner claim on behalf of its additional members being employees/workmen of CTC now known as WBTC?

5. With regard to the first question as aforesaid, it is an admitted position that petitioner is a registered trade union under the provisions of the Trade Union Act, 1926. It is also a recognised Union of CTC now known as WBTC. As a recognised union it always has and had a significant role in the collective bargaining process for finalising the benefits of the employees/workmen including these under ROPA and in the instant case ROPA 1998.