SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Cal) 715

ARINDAM MUKHERJEE
Calcutta Tram Mazdoor Sabha – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Arunava Ghosh, Sr. Adv, Mr. Shibnath Bhattacharya, Advocates, for the Appellant; Mr. Niladri Bhattacharya Ms. Deblina Chattaraj Advocates, for the Respondent

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 ar

      Click Here to Read the rest of this document
      1
      2
      3
      4
      5
      6
      7
      8
      9
      10
      11
      SupremeToday Portrait Ad
      supreme today icon
      logo-black

      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

      Please visit our Training & Support
      Center or Contact Us for assistance

      qr

      Scan Me!

      India’s Legal research and Law Firm App, Download now!

      For Daily Legal Updates, Join us on :

      whatsapp-icon telegram-icon
      whatsapp-icon Back to top