The Calcutta Tram Mazdoor Sabha vs The State Of W.B. & Ors
2021 Latest Caselaw 340 Cal/2

                                  ORDER SHEET
                                  WPO/145/2021
                        IN THE HIGH COURT AT CALCUTTA
                       CONSTITUTIONAL WRIT JURISDICTION
                                 ORIGINAL SIDE



                      THE CALCUTTA TRAM MAZDOOR SABHA
                                     -VS-
                           THE STATE OF W.B. & ORS.


BEFORE:
THE HON'BLE JUSTICE RAJASEKHAR MANTHA
DATE: MARCH 26, 2021.




                       Mr. Saunak Bhattacharyya, Adv.; Mr. Sibnath Bhattacharyya, Adv.;
                                              Mr. A. Bhattacharyya, Adv., for petitioner.
                                                     Ms. D. Chattoraj, Adv., for WBTC.



                The Court: The petitioner       is a Union of mazdoors of the Calcutta

Tramways Co. (1978) Ltd., which is now known as West Bengal Transport Corporation

(for short "WBTC"). They have been claiming interest on delayed payment of their

entitlement under the ROPA, 1998 since the year 2008.

                By a judgment and order dated April 16, 2008, W.P. No.910 of 2006, filed

by the petitioner, was disposed of. By the said order, a co-ordinate Bench had directed

each of the individual members of the petitioner to submit the calculations towards the

arrears and interest payable to them. The members of the petitioner did not have the

sufficient particulars and, therefore, the petitioner had to approach the Court again.
                                                                                            2


                W.P. No.888 of 2008 was disposed of by a judgment and order dated

March 20, 2009, directing the respondents to furnish the particulars to the members of the

petitioner towards the interest payable to them.

Upon noticing certain discrepancies in the interest component by the

members of the petitioner, one of them made an application under the Right to

Information Act to ascertain as to upto which date interest was paid to the petitioner on the

arrears in question. The respondents informed that they had been paid interest to the

members of the petitioner upto January 30, 2008.

The respondent-Corporation, particularly, the Managing Director, being

the respondent no.3 herein, shall file a report by way of an affidavit indicating the actual

dues payable to the members of the petitioner in terms of paragraph 4 of the

Memorandum, dated July 21, 2000. The report shall also indicate, upto what period from

April 1, 2000 was interest paid and the rate and amount thereof. The report shall also

indicate the date on which such arrears were paid. Let a suitable chart in this regard be

annexed to such report. Prior service of such report shall be made on the counsel for the

petitioner at least a week before the returnable date.

Let this matter stand adjourned and be listed on April 30, 2021. Affidavit

of service, filed in court, be kept with the records.

(RAJASEKHAR MANTHA, J.)

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