The ex-employees' right to seek wage revisions post-separation is contingent on valid representation and established claims, without which the Tribunal's award is invalid.

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(L) No. 406 of 2023 Employer in relation to the Management of M/s Hindustan Copper Limited, a Government of India Enterprise, Indian Copper Complex, Mosabani Group of Mines, P.O. & P.S. - Mosabani Mines, District - East Singhbhum (Jharkhand) through its Sr. Manager (HR & A) Sri Arjun Lohara, aged about 34 years, son of Sri Jitu Lohara, resident of Qrt. No.JTAQ-25, HCL Colony, Moubhandar, P.O. & P.S.-

Moubhandar, District - East Singhbhum, (Jharkhand)

… … Petitioner Versus Ex-employees' Coordination Committee, Mosabani, through its General Secretary Sri Sujit Kumar Shaw, resident of Village Kela Bagan, P.O.-Bedia, PS- Mosabani, District - East Singhbhum, PIN

832104 (Jharkhand) … … Respondent ---

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY ---

For the Petitioner : Mr. Amit Kumar Das, Advocate : Mrs. Swati Shalini, Advocate For the Respondent : Mrs. M.M. Pal, Senior Advocate : Ms. Ruby Pandey, Advocate : Ms. Apoorva Singh, Amicus ---

C.A.V. On 16^th December 2024 Pronounced on 11^th March 2025

1. The office note of this writ records reveals that the notice issued to the respondent returned unserved by stating that the notice was refused but a vakalatnama has been filed by Sujit Kumar Shaw in his individual capacity without any mention of the respondent Ex- employees' Coordination Committee, Mosabani and without any seal. A counter affidavit has also been filed. Neither in the Vakalatnama nor in the counter affidavit it has been stated that Sujit Kumar Shaw is the general secretary of the respondent Ex-employees' Coordination Committee, Mosabani and is pursuing the case on behalf of himself and also on behalf of 413 ex-employees in representative capacity. Since the Vakalatnama has been filed in individual capacity, it cannot be said that Sujit Kumar Shaw is representing all other 413 ex- employees before this Court or even representing the respondent Ex- employees' Coordination Committee, Mosabani. However, the case has been extensively argued on the basis of materials available on record. An amicus was also appointed by this Court who has also assisted this Court in the matter.

2. This writ petition has been filed for the following reliefs:

“For issuance of appropriate writ(s)/ order(s)/, direction(s) setting aside the Award dated 28.09.2022 (Annexure 4) passed by Shri Dinesh Kumar Singh, learned Presiding Officer, Central Government Industrial Tribunal, No.1, Dhanbad in Reference No.13 of 2017, whereby and whereunder he has been pleased to answer the reference in favour of respondent-workman and hold that 414 workmen, who were separate under the Voluntary Retirement Scheme due to closure of the mines are entitled to arrears of wages arising out subsequent pay/wage revision.”

3. The terms of reference before the learned Central Government Industrial Tribunal No. 1, Dhanbad (hereinafter referred to as ‘Industrial Tribunal’) is as under:

"Whether the ex-employees of M/s. HCL who were separated under VR scheme due to closure of Mines are entitled for arrears of wages arising out of subsequent pay/wage revision?"

4. On 25.11.2024 learned counsel appearing for the petitioner management had submitted that there are altogether 414 employees involved in the present case who accepted voluntary retirement pursuant to a scheme published by the petitioner and after acceptance of their voluntary retirement, there was some circular regarding pay revision which was given effect from a date prior to the date of voluntary retirement of the employees involved in the present case. Consequently, the said employees were seeking revision of the amount receivable out of pay revision in connection with their voluntary retirement.