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2026 Supreme(Online)(CAT) 704
CENTRAL ADMINISTRATIVE TRIBUNAL
Urmita Datta (Sen), Judicial Member, Suchitto Kumar Das, Administrative Member
Ex Executives Of Hindustan Copper Limited Welfare Trust – Appellant
Versus
Hindustan Copper Limited – Respondent
R.A. 350/0045/2025 | O.A. 350/0903/2022 | O.A. 350/0345/2023
For the Appellants/Petitioners: Arpa Chakraborty, P. Mondal, A. Lahiri
For the Respondents: B. Neogi, G. Singh
Headnote:(A) Administrative Tribunals Act, 1985 - Section 22(3)(f) - Civil Procedure Code, 1908 - Section 114, Order 47 Rule 1 - Review of order - Scope of review is limited to error apparent on face of record, discovery of new and important evidence, or any other sufficient reason akin to those grounds - A review cannot be used as an appeal in disguise or to reargue the case on merits. (Paras 5.1, 5.2)
Facts of the case:
The applicants filed Review Application (RA) against the common order dated 04.12.2025 in O.A. Nos. 903/2022 and 345/2023 whereby the Original Applications were dismissed on the grounds of non-applicability of the judgment in WPCT 45 of 2020 and limitation. The applicants sought the benefit of the same judgment.
Findings of Court:
The Tribunal held that the scope of review is extremely limited and is not an appeal. The applicants failed to show any error apparent on the face of the record or any new evidence. The grounds raised (merits decided after limitation issue, recurring cause of action, and parity with another OA) were found to be without merit.
Issues: Whether the review application disclosed any ground for review under Order 47 Rule 1 CPC read with Section 22(3)(f) of the Administrative Tribunals Act, 1985.
Ratio Decidendi: The Tribunal reiterated that a review cannot be a rehearing of the matter. The distinction between the present applicants and those in WPCT 45 of 2020 (retirement before/after 2006) was correctly made; payment of arrears is not a recurring cause of action; and the facts in another OA (786/2016) were different. No error apparent was found.
Result: Review Application dismissed.
| Table of Content |
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| 1. the review application seeks review of the order dismissing the original applications. (Para 1 , 2) |
| 2. original applications sought arrears of pay for 1997-1999 based on a high court judgment. (Para 3) |
O R D E R
Per: Hon’ble Mr. Suchitto Kumar Das, Administrative Member
1.This RA has been filed by the applicant seeking review of the common o2r. der dated 4.12.2025 passed in O.A Nos. 903/2022 and 345/2023.
2.The applicants, in OA no. 350/0903/2022, had approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief:
“a) Mandatory order do issue commanding the respondent authorities and each one of them, their men, agents, assigns and/or subordinates to take immediate steps for disbursed the unpaid arrears salaries of the applicants for the period of 01.01.1997 to 30.11.1999 along with the simple interest accrued there on at the rate of 16% per annum calculating from 01.01.1997;
b) Mandatory order do issue commanding the respondent authorities and each one of them, their men, agents, assigns and/or subordinates to certify and transmit to this Hon'ble Tribunal the records of the instant case, forming the basis of non consideration of the joint application of the applicant dated 07.02.2022 and the reminder dated 09.03.2022, so that conscionable justice may be administered by quashing the same;
c) Mandatory order do issue commanding the respondent authorities and each one of them, their men, agents, assigns and/or subordinates to take immediate steps for disbursed the unpaid arrears salaries of the applicants for the period of 01.01.1997 to 30.11.1999 along with the simple interest accrued there on at the rate of 16% per annum calculating from 01.01.1997;
d) Any other appropriate direction/directions and/or order/orders as this Hon'ble Tribunal may deem fit and proper.”
The applicant, in OA no. 350/0345/2023, had approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief:
“a) An Order do issue directing the respondents to act and proceed in accordance with the provisions of law;
b) An Order do issue directing the respondents to extend the benefit of the Order and Judgment dated 17.3.2021 passed by the Hon'ble High Court at Calcutta in WP.CT No.45 of 2020 affirmed by the Order & Judgement dated 12.11.2021 passed by the Hon'ble Supreme Court of India in Hindustan Copper Limited and Anr -Vs- Sujit Kr Kar and Ors. in SLP (C) No. 15098-99 of 2021 to each individual member of the Ex-Executives of Hindustan Copper Limited Trust i.e. the applicant No. 1 and thereby to disburse the arrears of Pay Revision in their favour due from 01.01.1997 to 30.11.1999 in terms of the pay revision of 17.04.2006;
c) An Order do issue directing the respondents to pay each individual member of the Applicant Trust interest at the rate of 16% per annum on the arrears for the period 01.01.1997 to 30.11.1999 from 17.04.2006 till the date of actual payment;
d) To grant all consequential benefits;
e) To grant Costs and incidentals;
f) Certify and transmit the entire records and papers pertaining to the applicant's case so that after the causes shown thereof conscionable justice may be done unto the applicant by way of grant of reliefs as prayed for in (a), (b) and (c) above;
g) Any other order or orders as the Hon'ble Tribunal deems fit and proper.”
3. This Tribunal after discussing the issues involved in the matter disposed of the OAs by passing the following common order on 4.12.2025:
“9. The applicants have principally relied on the judgement of the Hon’ble High Court in WPCT 45 of 2020 to claim the relief. Relevant parts of this judgment are reproduced below:
(emphasis added)
“The order of the tribunal and our order are confined to the employees before the tribunal and the legal heirs of those who have already died. This order does not take into account the alleged claim of the other employees.
In those circumstances, we delete and expunge paragraph 12 o
