The Director (Technical), Western Coalfields Limited, Wcl, Nagpur And ANR. v. Appellate Authority And Dy. Chief Labour Commissioner (Central), Nagpur And ORS.
2026:BHC-NAG:6050 1 Common Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 831 OF 2026 The Sub Area Manager, Hindustan Lalpeth Sub Area, Western Coalfields Ltd, Po.Lalpeth, Dist.Chandrapur. Suresh Jagannath Wadalkondawar, Aged 68 years, WRIT PETITION NO. 832 OF 2026 The Sub Area Manager, Hindustan Lalpeth Sub Area, Western Coalfields Ltd, Po.Lalpeth, Dist.Chandrapur. Namdeo Paikan Bawane, Aged 68 years, Occ: Retired, R/o C/o Amarnath Yadav, Jt.General Secretary, Koyala Shramik Sabha (HMS), Mahakali Colliery, Qtr.No.20, Po. Babupeth, Dist.Chandrapur. RESPONDENTS WRIT PETITION NO. 834 OF 2026
2 Common Judgment The Sub Area Manager, Hindustan Lalpeth Sub Area, Western Coalfields Ltd, Po.Lalpeth, Dist.Chandrapur. Rajayya Yellaya, Aged 68 years, Occ: Retired, R/o C/o Amarnath Yadav, Jt.General Secretary, Koyala Shramik Sabha (HMS), Mahakali Colliery, Qtr.No.20, Po. Babupeth, Dist.Chandrapur. RESPONDENTS WRIT PETITION NO. 835 OF 2026 The Sub Area Manager, Hindustan Lalpeth Sub Area, Western Coalfields Ltd, Po.Lalpeth, Dist.Chandrapur. Kuppili Malleswara Rao, Aged 68 years, WRIT PETITION NO. 847 OF 2026 The Sub Area Manager, Hindustan Lalpeth Sub Area, Western Coalfields Ltd, Po.Lalpeth, Dist.Chandrapur. Jaibahadur Singh Yadav, Aged 68 years,
3 Common Judgment WRIT PETITION NO. 848 OF 2026 The Sub Area Manager, Hindustan Lalpeth Sub Area, Western Coalfields Ltd, Po.Lalpeth, Dist.Chandrapur. Shankar Mohan Pandey, Aged 68 years, WRIT PETITION NO. 878 OF 2026 The Sub Area Manager, Hindustan Lalpeth Sub Area, Western Coalfields Ltd, Po.Lalpeth, Dist.Chandrapur. Ishwar Laxman Tonge, Aged 68 years, WRIT PETITION NO. 879 OF 2026
4 Common Judgment The Sub Area Manager, Hindustan Lalpeth Sub Area, Western Coalfields Ltd, Po.Lalpeth, Dist.Chandrapur. Hanumantu Anklu Gurle, Aged 68 years, WRIT PETITION NO. 905 OF 2026 The Sub Area Manager, Hindustan Lalpeth Sub Area, Western Coalfields Ltd, Po.Lalpeth, Dist.Chandrapur. Radhesham Bakaram Bawane, Aged 68 years, WRIT PETITION NO. 953 OF 2026 The Sub Area Manager, Hindustan Lalpeth Sub Area, Western Coalfields Ltd, Po.Lalpeth, Dist.Chandrapur.
5 Common Judgment B. Linga Rao, Aged 68 years, WRIT PETITION NO. 954 OF 2026 The Sub Area Manager, Hindustan Lalpeth Sub Area, Western Coalfields Ltd, Po.Lalpeth, Dist.Chandrapur. Niloo Tarafdar, Aged 68 years, WRIT PETITION NO. 955 OF 2026 The Sub Area Manager, Hindustan Lalpeth Sub Area, Western Coalfields Ltd, Po.Lalpeth, Dist.Chandrapur. Shalikrao Udhao Darekar, Aged 68 years, WRIT PETITION NO. 1113 OF 2026
6 Common Judgment Post Babupeth, Dist. Chandrapur - 442403.
Appellate Authority under the Payment of Gratuity Act, 1972 & Dy.Chief Labour Commissioner (Central), Nagpur.
Mahadeo Punaji Telang, Aged 68 years, WRIT PETITION NO. 1119 OF 2026 Post Babupeth, Dist. Chandrapur - 442403.
Appellate Authority under the Payment of Gratuity Act, 1972 & Dy.Chief Labour Commissioner (Central), Nagpur.
Ramesh Bapurao Gadge, Aged 68 years, WRIT PETITION NO. 1120 OF 2026 Post Babupeth, Dist. Chandrapur - 442403.
Appellate Authority under the Payment of Gratuity Act, 1972 & Dy.Chief Labour Commissioner (Central), Nagpur.
7 Common Judgment Amalkrishna Anandkumar Tikadar, Aged 68 years, WRIT PETITION NO. 1121 OF 2026 Post Babupeth, Dist. Chandrapur - 442403.
Appellate Authority under the Payment of Gratuity Act, 1972 & Dy.Chief Labour Commissioner (Central), Nagpur.
Emmadi Mogli, Aged 68 years, WRIT PETITION NO. 1161 OF 2026 Post Babupeth, Dist. Chandrapur - 442403.
Appellate Authority under the Payment of Gratuity Act, 1972 & Dy.Chief Labour Commissioner (Central), Nagpur.
Chandrashekhar Rambhau Agarkar, Aged 68 years,
8 Common Judgment WRIT PETITION NO. 1248 OF 2026 The Sub Area Manager, Rayatwari Sub Area, Western Coalfields Ltd, Tah. and Dist.Chandrapur. Badshah Tulshiram Brahmane, Aged 67 years, WRIT PETITION NO. 1403 OF 2026 The Sub Area Manager, Durgapur Sub Area, Western Coalfields Ltd, Po.Urjanagar, Tah. and Dist.Chandrapur 442404.
Sukhdeo Balaji Chunarkar, Aged 67 years, WRIT PETITION NO. 1405 OF 2026
9 Common Judgment The Sub Area Manager, Rayatwari Sub Area, Western Coalfields Ltd, Tah. and Dist.Chandrapur. Bhanudas Maroti Darekar, Aged 67 years, WRIT PETITION NO. 1407 OF 2026 The Sub Area Manager, Durgapur Sub Area, Western Coalfields Ltd, Po.Urjanagar, Tah. and Dist.Chandrapur 442404.
Gajanan Sovinda Thakre, Aged 67 years, WRIT PETITION NO. 1409 OF 2026 The Sub Area Manager, Rayatwari Sub Area, Western Coalfields Ltd, Tah. and Dist.Chandrapur.
10 Common Judgment Dashrath Linga Shende, Aged 67 years, WRIT PETITION NO. 1410 OF 2026 The Sub Area Manager, Durgapur Sub Area, Western Coalfields Ltd, Po.Urjanagar, Tah. and Dist.Chandrapur 442404.
Prakash Tulshiram Modak, Aged 67 years, WRIT PETITION NO. 1411 OF 2026 The Sub Area Manager, Durgapur Sub Area, Western Coalfields Ltd, Po.Urjanagar, Tah. and Dist.Chandrapur 442404.
Gajanan Namdeo Radke, Aged 67 years,
11 Common Judgment WRIT PETITION NO. 1412 OF 2026 The Sub Area Manager, Durgapur Sub Area, Western Coalfields Ltd, Po.Urjanagar, Tah. and Dist.Chandrapur 442404.
Bhanudas Prahlad Gondane, Aged 67 years, WRIT PETITION NO. 1413 OF 2026 The Sub Area Manager, Rayatwari Sub Area, Western Coalfields Ltd, Tah. and Dist.Chandrapur. Vinod Sadashiv Gadge, Aged 67 years, WRIT PETITION NO. 1420 OF 2026
12 Common Judgment The Sub Area Manager, Durgapur Sub Area, Western Coalfields Ltd, Po.Urjanagar, Tah. and Dist.Chandrapur 442404.
Gulam Shakil, Aged 67 years, WRIT PETITION NO. 1421 OF 2026 The Sub Area Manager, Durgapur Sub Area, Western Coalfields Ltd, Po.Urjanagar, Tah. and Dist.Chandrapur 442404.
Altaf Husain, Aged 67 years, WRIT PETITION NO. 1474 OF 2026 The Sub Area Manager, Durgapur Sub Area, Western Coalfields Ltd, Po.Urjanagar, Tah. and Dist.Chandrapur 442404.
13 Common Judgment Shamshad Ali, Aged 67 years, ______________________________________________________________ Shri A.S. Jaiswal, Senior Advocate with Shri P.V. Ghare, counsel for the petitioner. Ms Neeraja G. Chaubey, counsel for the respondent-Authority. Mrs. S.P. Giratkar and Shri A.K. Qureshi, counsel for the respondent-Employee. --------------------------------------------------------------------------------------------------------------- CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : APRIL 10, 2026 ORAL JUDGMENT RULE. Rule made returnable forthwith and heard finally with consent of the learned counsel for the parties. The petitioners in all these petitions, i.e. a Public Sector Undertaking and a subsidiary of Coal India Limited, have challenged the orders passed by the Controlling Authority under the Payment of Gratuity Act, 1972 (for short, 'the Act of 1972') which are upheld by the Appellate Authority under the Act thereby directing the petitioners in each of the petitions to pay the difference of gratuity amount alongwith interest at the rate of 10% per annum to each of the employees. Since the issue involved in all these petitions is identical, they are being decided by this common judgment.
14 Common Judgment The learned counsel for the petitioners as well as the respondents have pointed out that the controversy involved in all these petitions is identical to the controversy involved in a bunch of petitions bearing Writ Petition no.7364 of 2024 [The Director (Technical), Western Coalfields Limited, Nagpur & Another Versus Appellate Authority under the Payment of Gratuity Act, 1972 & Others] alongwith connected writ petitions which is decided by this Court by common judgment dated 07.04.2026.
4.
The short controversy involved in the instant petitions is about entitlement of the employees for an additional amount of gratuity (differential amount), based on the Office Memoranda dated 03.08.2017 and 11.04.2018. In each of the petitions, the employees have already received an amount of Rs.10,00,000/- towards gratuity in accordance with the Act of 1972. The employees have claimed for additional amount of gratuity based on the aforesaid Office Memoranda and the Controlling Authority as well as the Appellate Authority have directed payment of difference amount of gratuity, which orders are subjected to challenge by way of instant petitions.
5.
It has to be noted that Writ Petition nos.1113 of 2026, 1119 of 2026, 1120 of 2026, 1121 of 2026 and 1161 of 2026 deal with the challenge to the orders passed by the Controlling Authority as well as the Appellate Authority, whereas Writ Petition nos.831 of 2026, 832 of 2026, 834 of 2026, 835 of 2026, 847 of 2026, 848 of 2026, 878 of 2026, 879 of
15 Common Judgment 2026, 905 of 2026, 953 of 2026, 954 of 2026, 955 of 2026, 1248 of 2026, 1403 of 2026, 1405 of 2026, 1407 of 2026, 1409 of 2026, 1410 of 2026, 1411 of 2026, 1412 of 2026, 1413 of 2026, 1420 of 2026, 1421 of 2026 and 1474 of 2026 deal with the challenge to the order passed by the Controlling Authority only. However, since the entire claim of the employees is based on the same Office Memoranda and all these petitions involve the same controversy, the petitions challenging the orders passed by the Controlling Authority as well as the Appellate Authority are required to be decided together in view of the judgment dated 07.04.2026 in Writ Petition No.7364 of 2024 alongwith connected petitions.
6.
It is pertinent to note that while deciding Writ Petition no.7364 of 2024 alongwith connected petitions vide judgment dated 07.04.2026, this Court has observed that none of the employees in those writ petitions fell under the category of Executive Employee or Non-Unionized Supervisor and therefore the Office Memorandum dated 03.08.2017 cannot be made applicable to such employees. It is pointed out that even in all the petitions which are being decided by this common judgment, none of the employees fall under the category of Executive Employee or NonUnionized Supervisor and as such, it is clear that the controversy involved in these petitions is covered by the judgment of this Court in Writ Petition no.7364 of 2024 alongwith connected petitions.
16 Common Judgment 7.
In view of above, for the reasons recorded in the judgment dated 07.04.2026 in Writ Petition no.7364 of 2024 [The Director (Technical), Western Coalfields Limited, Nagpur & Another Versus Appellate Authority under the Payment of Gratuity Act, 1972 & Others] alongwith connected writ petitions, the impugned orders in all the petitions are quashed and set aside. The difference amount deposited by the petitioners in all the petitions with the Appellate Authority (wherever applicable) be refunded to the petitioners. The writ petitions are accordingly allowed and disposed of with no order as to costs. Rule accordingly.
(PRAFULLA S. KHUBALKAR, J.) APTE Signed by: Apte Designation: PS To Honourable Judge Date: 20/04/2026 16:39:25