IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(L) No. 3774 of 2010 ….…..

Mosabani Mines Labour Union, a Registered Trade Union affiliated to INTUC through its G.L. Secretary Sanjay Kr. Bose, S/o Bikash Chandra Bose, having its office at Surda New Township, P.S. P.O.Surda, District- Singhbhum East, resident of Hena Bilashhaldih P.S.

P.O. Ghatshila, District-Singhbhum East.

..… Petitioner (s)

Versus

1. Hindustan Copper Limited, through its Chairman cum Managing Director, Tamra Bhawan, 1, Ashutosh Choudhary Avenue, Kolkata.

2. Hindustan Cooper Limited, Indian Cupper Complex, at and P.O. Musaboni, District-Singhbhum West.

3. General Manager (Personnel), Hindustan Copper Ltd., Indian Cooper Complex, at and P.O. Ghatshila, Mosaboni, District-Singhbhum West.

4. Union of India through the Secretary, Department of Mines Government of India, New Delhi.

5.The Secretary, Ministry of Labour Government of India, New Delhi. ..... Respondent(s)

….…..

CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN ….…

For the Petitioner(s) : Mr. V.P.Singh, Sr. Adv Mrs. Bandana Kumari Sinha, Adv Mrs. Ragini Kumari, Adv For the Respondent(s) : Mr. Amit Kumar Das, Adv Mr. Sankalp Goswami, Adv Mr. P.K.Pathak, C.G.C.

….…..

C.A.V. ON 12/01/2026 PRONOUNCED ON: 27/01/2026

1. Heard learned counsel for the parties.

2. The petitioner being a Trade Union has filed the instant writ petition seeking grant of arrears of voluntary retirement which has occurred on account of subsequent revision of pay scale along with interest.

3. Case of the Petitioner The specific case of the Petitioner-Union is that it is a registered Trade Union affiliated with Indian Trade Union Congress having 1200 members and HCL from time to time on the basis of tripartite settlement has been fixing and revising the wages of the workman. The 5th Wage Revision fell due with effect from 01.11.1997; however, in the meantime, Hindustan Copper Limited sought permission from the Central Government to close the mines and a permission for closure of different mines was given in the following manner:-

(i) 30.09.1998 – Permission for closure of Banalopa and Bedia Mines was granted.

(ii) 2002 – Permission for closure of Rakha Mine was granted.

(iii) 31.01.2001 – Permission for closure of Pathargora and Kenduadih mines was granted.

(iv) 16.06.2003 – Permission for closure of Surda Mines was granted.

(v) 16.06.2003 – Permission for closure of Mosabani mines was granted.

4. In the permission so granted, the Central Government incorporated one condition which mandated the Management to ensure payment of statutory dues and VRS benefits as per approved norms before retrenchment of the workmen. The Petitioner-Union, thereafter relied upon on a Circular dated 20.02.1995 wherein the Management informed all concerned employees who have retired or will be retiring under Company’s Voluntary Retirement Scheme would be entitled to wage revision/pay revision as and when the same is finalized (Annexure 4).

It is an admitted case of the petitioner that all its members took voluntary retirement before the year 2003 and after they got separated under the Voluntary Retirement Scheme, the Company’s Wage Settlement took place on 19.04.2006 which covered the period 01.11.1997 to 30.10.2007 and on the basis of the afore-referred Circular dated 20.02.1995, the petitioner claimed that all its members who had separated under the Voluntary Retirement Scheme are entitled to the benefit of wage revision.

The petitioner in support of their claim has brought on record by way of Annexure-5, the Approved Wage Settlement. Bare perusal of Clause (viii) of the same would show that as per the agreed wage settlement, no decision for payment of arrears for the period 01.11.1997 to 31.07.2004 had been taken and the actual monetary benefits of the wage revision for the period 01.08.2004 to 31.03.2006 would be paid with effect from 1st of August

2006.

5. Case of the Respondents The Respondents have contended that the employees separating under a Voluntary Retirement Scheme constitute a s