JUDGMENT :

1. The instant appeal has been preferred against the Judgment and Order passed by the Hon’ble Single Bench dated the 18.05.2022 in W.P.O. No. 1017 of 2022.

2. The appellant, that is the West Bengal Transport Corporation Ltd. (for short WBTC), formerly known as the Calcutta Tramways Company Ltd. (for short CTC), was the respondent No. 2 in the writ petition.

The Calcutta Tram Majdoor Sabha, a registered trade union being represented by its General Secretary, is the respondent No. 1 in the instant appeal. The said trade union was the writ petitioner.

The Managing Director, WBTC and the Chief Accounts Officer, WBTC, being the appellants No. 2 and 3, were the respondent nos. 3 and 4 in the writ petition.

The State of West Bengal being represented by the Secretary Transport Department, Government of West Bengal, who was the respondent No. 1 to the writ petition, has not been made a party in the instant appeal.

3. Through the impugned Judgment, the Hon’ble Single Bench has stated as follows:

“in the fixation of benefits under ROPA 1998, the petitioner as a trade union had a negotiating authority. It can, therefore, maintain a writ petition with regard thereto unlike an individual claim wherein it had no role to play in the process of bargaining. … Thus, the instant writ petition at the instance of the petitioner, a registered trade union is maintainable. … it is true that the additional members for whom the petitioner has claimed the relief are not identically placed in the same platform though their rights considered in the broader spectrum are one and the same i.e., claim for interest on account of delayed payment. The scale of pay of each individual member, the date of their appointment, the length of service as also the date of superannuation may be different which requires the employer to consider the claim of each workman separately in the light of these parameters. The petitioner as a trade union is, therefor, not entitled to any mandatory order in this writ petition for payment of the benefits under ROPA-1998 to each of its additional members. The additional members on whose behalf, the W.P.O No. 1017 of 2022 Page 10 of 11 petitioner has ventilated the grievances will have to make individual representations. The writ petitioner has filed a supplementary affidavit including therein the representation made by its additional members with regard to which the respondents have raised objection. The petitioner therefor, is only entitled to an order that the claims of each of its additional members shall be considered by CTC now known as WBTC as the employer by applying the applicable legal provisions. Since the respondent no. 2 CTC now known as WBTC has referred to several discrepancies in the representations made by the individual members being the additional members of the petitioner as disclosed in the supplementary affidavit, I direct each of the additional members to make individual representations providing the necessary particulars within a period of four weeks from the date of this order. In the event, such applications/representations are made to the employer that is CTC now known as WBTC shall consider each of such applications/representations on their merit through the respondent no. 3 i.e., Managing Director, West Bengal Transport Corporation Ltd. or any senior officer designated for this purpose and pass on the benefits to such members who are found entitled to. In case of rejection of any claim, CTC now known as WBTC shall give proper reasons for the rejection of the claim and communicate the same to the concerned employee. 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 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 sha