General Secretary, Cel Retired Employees Welfare Association (Celrewa) On Behalf Of The Retired Non v. Central Electronics Limited & ANR.

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11537/2024 GENERAL SECRETARY, CEL RETIRED EMPLOYEES WELFARE ASSOCIATION (CELREWA) ON BEHALF OF THE RETIRED NON-EXECUTIVES OF CEL .....Petitioner Through:

Mr. Naved Khan and Mr. Kamlesh Kumar Mishra, Advocates versus CENTRAL ELECTRONICS LIMITED & ANR. .....Respondents Through:

Mr. Anil Mittal, Advocate

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 21.08.2024 CM APPL. 47831/2024 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(C) 11537/2024 3.

This writ petition has been preferred on behalf of the Petitioner seeking direction to the Respondents to pay arrears of enhanced wages (basic + DA) on pay revision w.e.f. 01.01.2007 against the Earned Leave Encashment availed by all the retired Non-Executives between 01.01.2007 to 30.09.2010 with interest @ 6% per annum as also for setting aside Clause No.19.1 of the impugned Memorandum of Settlement dated 23.12.2010, which denies to the members of the Petitioner Association, the aforesaid arrears.

4.

To the extent relevant, the facts are that Central Electronics Ltd. ('CEL'), which is a Central Public Sector Enterprise ('CPSE') executed a Memorandum of Settlement dated 23.12.2010 between the Management of W.P.(C) 11537/2024 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

CEL and the Union, carrying out a pay revision for Non-Executives w.e.f. 01.01.2007 but while doing so incorporated Clause 19.1 in the Memorandum whereby wage revision arrears for enhanced wages including arrears for Leave Encashment availed by them for 45 months between 01.01.2007 to 30.09.2010 were denied.

5.

Case of the Petitioner is that this Court in W.P. (C) 13944/2021 and a batch of connected petitions recorded that arrears on account of wage revision carried out in 2007 had been received by the Petitioners and awarded interest at the rate of 6% per annum vide order dated 01.12.2022. This order was challenged by CEL before the Division Bench in LPA No.93/2023 but the same was dismissed vide order dated 15.02.2023 and challenge in the Supreme Court in SLP(C) No.9670/2023 was also unsuccessful albeit the Supreme Court granted further time of 3 months to make payments on account of interest awarded by the learned Single Judge. In this petition, Petitioner is primarily aggrieved by non-payment of arrears for enhanced wages limited to EL Encashment availed by the NonExecutives for a period of 45 months as aforementioned. Representations made by the Petitioner are still pending and therefore, as per the Petitioner, it is not known why the claims of the members of the Petitioner Association are not being entertained.

6.

Issue notice.

7.

Mr. Anil Mittal, learned counsel accepts notice on behalf of the Respondents.

8.

The issue raised in the present writ petition relates to arrears of enhanced wages on pay revision in CEL w.e.f. 01.01.2007 against Earned Leave Encashment granted to retired employees of CEL in a span of 45 W.P.(C) 11537/2024 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

months between 01.01.2007 to 30.09.2010 in respect of those retirees who retired post 01.01.2007. Representations made by the Petitioner Association have not been decided so far.

9.

Several issues have been flagged by the Petitioner in the present petition and considering that the matter relates to payment of arrears on wage revision to several retired employees of the Petitioner Association, at this stage, it would be appropriate if this writ petition is disposed of with a direction to CEL to take a decision on the grievances ventilated by the Petitioner. In my view, since the matter involves arrears of wages, before a decision is taken, the views of the retired employees, who are the stakeholders, should also be taken into consideration. 10.

Accordingly, this writ petition is disposed of directing the Respondents to decide the representation dated 22.01.2023 as also to treat the present writ petition as a representation since some important issues have been flagged by the Petitioner in the present writ petition. Before taking a decision, an opportunity of hearing shall be granted to the stakeholders and therefore, one authorized representative of the Petitioner Association shall be called for a meeting by giving intimation at least one week in advance. The decision shall be taken within a maximum period of three months from today. A reasoned and speaking order shall be passed by the Respondents which shall be communicated to the Petitioner within one week of the date of decision. Liberty is reserved to the Petitioner to take recourse to legal remedies in case of any surviving grievance.

JYOTI SINGH, J AUGUST 21, 2024/kks W.P.(C) 11537/2024 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.