Madhya Pradesh High Court

Union Of India vs Sandeep Kumar Vishwakarama on 4 September, 2025

Author: Vivek Agarwal

Bench: Vivek Agarwal, Avanindra Kumar Singh

1 MP-3437-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
&
HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
ON THE 4 th OF SEPTEMBER, 2025
MISC. PETITION No. 3575 of 2025
UNION OF INDIA AND OTHERS
Versus
ARUN KUMAR SOOD AND OTHERS
Appearance:
Shri Sachin Jain, learned counsel for Union of India.
WITH
MISC. PETITION No. 3062 of 2025
UNION OF INDIA AND OTHERS
Versus
GREY IRON FOUNDARY MAZDOOR UNION
Appearance:
Shri Sachin Jain, learned counsel for Union of India.
Shri Anoop Nair, learned senior counsel assisted by Shri Mihir Lunawat, learned
counsel for the caveator.

MISC. PETITION No. 3064 of 2025
UNION OF INDIA AND OTHERS
Versus
BHARTIYA VARISHTA NAGRIK ASSOCIATION AND OTHERS
Appearance:
Shri Sachin Jain, learned counsel for Union of India.

MISC. PETITION No. 3065 of 2025
UNION OF INDIA AND OTHERS
Versus

Signature Not Verified
Signed by: MOHD TABISH
KHAN
Signing time: 08-09-2025
16:24:00
2 MP-3437-2025
VEHICLE FACTORY RASTRIYA KAMGAR UNION JABALPUR AND
OTHERS
Appearance:
Shri Sachin Jain, learned counsel for Union of India.

MISC. PETITION No. 3066 of 2025
UNION OF INDIA AND OTHERS
Versus
BHARTIYA VARISHTHA NAGARIK ASSOCIATION AND OTHERS
Appearance:
Shri Sachin Jain, learned counsel for Union of India.
Shri Anoop Nair, learned senior counsel assisted by Shri Mihir Lunawat, learned
counsel for the caveator.

MISC. PETITION No. 3067 of 2025
UNION OF INDIA AND OTHERS
Versus
SHATDHANI VAHAN NIRMANI SHRAMIK SANGH AND OTHER
AND OTHERS
Appearance:
Shri Sachin Jain, learned counsel for Union of India.
Shri samveg Tripathi, learned counsel for the caveator.

MISC. PETITION No. 3426 of 2025
UNION OF INDIA AND OTHERS
Versus
G.C.F. MAZDOOR SANGH AND OTHERS
Appearance:
Shri Sachin Jain, learned counsel for Union of India.
Shri Anoop Nair, learned senior counsel assisted by Shri Mihir Lunawat, learned
counsel for the caveator.

MISC. PETITION No. 3427 of 2025
UNION OF INDIA AND OTHERS
Versus

Signature Not Verified
Signed by: MOHD TABISH
KHAN
Signing time: 08-09-2025
16:24:00
3 MP-3437-2025
ALL INDIA ASSOCIATION OF THE NON GAZETTED OFFICRS AND
OTHERS
Appearance:
Shri Sachin Jain, learned counsel for Union of India.
Shri Anoop Nair, learned senior counsel assisted by Shri Mihir Lunawat, learned
counsel for the caveator.

MISC. PETITION No. 3428 of 2025
UNION OF INDIA AND OTHERS
Versus
BHARTIYA VARISHT NAGRIK ASSOCIATION AND OTHERS
Appearance:
Shri Sachin Jain, learned counsel for Union of India.
Shri Anoop Nair, learned senior counsel assisted by Shri Mihir Lunawat, learned
counsel for the caveator.

MISC. PETITION No. 3430 of 2025
UNION OF INDIA AND OTHERS
Versus
GUN CARRIAGE FACTORY KARMACHARI UNION AND OTHERS
Appearance:
Shri Sachin Jain, learned counsel for Union of India.

MISC. PETITION No. 3431 of 2025
UNION OF INDIA AND OTHERS
Versus
VEHICLE FACTORY WORKERS UNION AND OTHERS
Appearance:
Shri Sachin Jain, learned counsel for Union of India.

MISC. PETITION No. 3433 of 2025
UNION OF INDIA AND OTHERS
Versus
ORDANCE FACTORY PRATIRAKSHA MAZDOOR SANGH AND
OTHERS

Signature Not Verified
Signed by: MOHD TABISH
KHAN
Signing time: 08-09-2025
16:24:00
4 MP-3437-2025
Appearance:
Shri Sachin Jain, learned counsel for Union of India.

MISC. PETITION No. 3435 of 2025
UNION OF INDIA AND OTHERS
Versus
ORDANCE FACTORY KARMCHARI UNION(INTUC) AND OTHERS
Appearance:
Shri Sachin Jain, learned counsel for Union of India.

MISC. PETITION No. 3436 of 2025
UNION OF INDIA AND OTHERS
Versus
AIANGOS(ALL INDIA ASSOCIATION OF NON GAZETED OFFICERS
OF ORDINANCE AND EQUIPMENT FYS AND QUALITY ASS AND
OTHERS
Appearance:
Shri Sachin Jain, learned counsel for Union of India.
Shri Anoop Nair, learned senior counsel assisted by Shri Mihir Lunawat, learned
counsel for the caveator.

MISC. PETITION No. 3437 of 2025
UNION OF INDIA AND OTHERS
Versus
SANDEEP KUMAR VISHWAKARAMA AND OTHERS
Appearance:
Shri Sachin Jain, learned counsel for Union of India.
Shri Samveg Tripathi, learned counsel for the caveator.

MISC. PETITION No. 3513 of 2025
UNION OF INDIA AND OTHERS
Versus
VEHICLE FACTORY MAZDOOR UNION JABALPUR AND OTHERS
Appearance:
Shri Sachin Jain, learned counsel for Union of India.

Signature Not Verified
Signed by: MOHD TABISH
KHAN
Signing time: 08-09-2025
16:24:00
5 MP-3437-2025
MISC. PETITION No. 3570 of 2025
UNION OF INDIA AND OTHERS
Versus
SURAKCHHA KARMACHARI UNION KHAMARIA JABALPUR AND
OTHERS
Appearance:
Shri Sachin Jain, learned counsel for Union of India.
Shri Arun Kumar Dubey and Shri Harry Bamoriya, learned counsel for the
caveator.

MISC. PETITION No. 3574 of 2025
UNION OF INDIA AND OTHERS
Versus
ORDNANCE FACTORY KHAMARIA KAAMGAR UNION JABALPUR
AND OTHERS
Appearance:
Shri Sachin Jain, learned counsel for Union of India.

MISC. PETITION No. 3577 of 2025
UNION OF INDIA AND OTHERS
Versus
RAJIV RANJAN KUMAR AND OTHERS
Appearance:
Shri Sachin Jain, learned counsel for Union of India

MISC. PETITION No. 3579 of 2025
UNION OF INDIA AND OTHERS
Versus
OFK LABOUR UNION AND OTHERS
Appearance:
Shri Sachin Jain, learned counsel for Union of India
Shri Samveg Tripathi, learned counsel for the caveator.

MISC. PETITION No. 3580 of 2025

Signature Not Verified
Signed by: MOHD TABISH
KHAN
Signing time: 08-09-2025
16:24:00
6 MP-3437-2025
UNION OF INDIA AND OTHERS
Versus
BHARTIYA VARISHTA NAGRIK ASSOCIATION AND OTHERS
Appearance:
Shri Sachin Jain, learned counsel for Union of India.

MISC. PETITION No. 3583 of 2025
UNION OF INDIA AND OTHERS
Versus
VEHICLE FACTORY PRATIRAKSHA MAZDOOR SANGH AND
OTHERS
Appearance:
Shri Sachin Jain, learned counsel for Union of India.

MISC. PETITION No. 3584 of 2025
UNION OF INDIA AND OTHERS
Versus
ALL INDIA ASSOCIATION OF NON GAZETTED OFFICERS AND
OTHERS
Appearance:
Shri Sachin Jain, learned counsel for Union of India.
Shri Akash Choudhary, learned counsel for the caveator.

MISC. PETITION No. 3585 of 2025
UNION OF INDIA AND OTHERS
Versus
ORDNANCE FACTORY KHAMARIYA KAAMGAR UNION
JABALPUR AND OTHERS
Appearance:
Shri Sachin Jain, learned counsel for Union of India.
Shri Akash Choudhary, learned counsel for the caveator.

MISC. PETITION No. 3586 of 2025
UNION OF INDIA AND OTHERS
Versus

Signature Not Verified
Signed by: MOHD TABISH
KHAN
Signing time: 08-09-2025
16:24:00
7 MP-3437-2025
DEVENDRA SINGH AND OTHERS
Appearance:
Shri Sachin Jain, learned counsel for Union of India.

MISC. PETITION No. 4077 of 2025
UNION OF INDIA AND OTHERS
Versus
UMAPATI TIWARI
Appearance:
Shri Sachin Jain, learned counsel for Union of India.

MISC. PETITION No. 4078 of 2025
UNION OF INDIA AND OTHERS
Versus
VINOD KUMAR BAIN
Appearance:
Shri Sachin Jain, learned counsel for Union of India.

MISC. PETITION No. 4341 of 2025
UNION OF INDIA AND OTHERS
Versus
SUBRATA MUKHOPADHYAY AND OTHERS
Appearance:
Shri Sachin Jain, learned counsel for Union of India.

MISC. PETITION No. 4344 of 2025
UNION OF INDIA AND OTHERS
Versus
AYUDH NIRMANI MAZDOOR CONGRESS THROUGH ITS GENERAL
SECRETARY RUPENDRA SINGH CHOUHAN AND OTHERS
Appearance:
Shri Sachin Jain, learned counsel for Union of India.
Shri Anoop Nair, learned senior counsel assisted by Shri Mihir Lunawat, learned
counsel for the caveator.

Signature Not Verified
Signed by: MOHD TABISH
KHAN
Signing time: 08-09-2025
16:24:00
8 MP-3437-2025
MISC. PETITION No. 4346 of 2025
UNION OF INDIA AND OTHERS
Versus
AYUDH NIRMANI KARMACHARI SANGH THROUGH ITS GENERAL
SECRETARY KULDEEP CHOUDHARY AND OTHERS
Appearance:
Shri Sachin Jain, learned counsel for Union of India.

ORDER

Per: Justice Vivek Agarwal

Union of India is aggrieved of the order dated 24.03.2025 passed by learned Central Administrative Tribunal, Jabalpur Bench, Jabalpur in Original applications Nos.200/302, 396, 681,688, 690, 691,694, 712, 715, 716, 758, 759, 778, 787, 788, 794, 821, 878, 883, 887, 888, 889, 945, 981, 990, 996/2021, 1, 19, 20, 21, 22, 23, 24, 25, 26, 27, 123/2022 & 165/2023 whereby learned Central Administrative Tribunal has granted relief in favour of the petitioners.

2. It is pointed out that the controversy involved in these O.As is that learned counsel for the applicants had informed the Central Administrative Tribunal that "they are prepared to furnish an undertaking to the effect that they understand that such benefits are payable to them only provisionally, subject to the outcome of the decision of the Hon'ble Apex Court in SLP No.12845 to 12852 of 2012, and, in the event the decision in the said SLP rules that HRA, TA and SFA are not to be included, in overtime allowance, the applicants would undertake (through an affidavit) to refund the entire payment received in this regard and would also agree to recovery from their salaries/pension of the excess amounts so paid."

9 MP-3437-2025

3. It is pointed out that learned counsel for the respondents, who appeared for the Union of India, stated and is noted by the learned Central Administrative Tribunal in the following term -:

9. Counsel for the respondents does not object to issue of further directions to the respondent authorities, subject to furnishing of such undertaking by the applicants concerned.

4. Learned Tribunal, accordingly, disposed off the O.As in the following terms :-

10. Accordingly, all the above O.As are disposed of directing counsel for the respondents to hand over a copy of proforma affidavit to the counsel for the applicants within a week, which shall be filled up by the applicants duly endorsing from 1st Class Magistrate or Notary and shall be submitted within a period of four weeks therefrom. Thereafter, the respondents shall consider applicants' case in the light of the order passed by the Principle Bench as well as Hyderabad Bench of this Tribunal for releasing dues from the admissible dates in terms of the decision and, if found eligible, release the dues positively by 2 months thereafter, subject to outcome of the SLP No. 12845 to 12852 of 2012.

11. As prayed for by counsel for the applicants, on behalf of Members of the applicants' Union (existing employees or retired employees), dues shall be released

10 MP-3437-2025 in favour of all the members of the Union who affirm an affidavit through 1st Class Magistrate/Notary. In the event the decision in SLP goes against, the respondents may recover the entire amount and members of Union shall be liable to refund entire payment received in this regard.

12. With the aforesaid observations, all the O.As_ stand disposed of. No costs.

5. Thus, it is evident that firstly its a consent order, secondly, the order is subject to the outcome of the SLP, and, thirdly, the original applicants have undertaken to furnish an affidavit in the form of an undertaking that if the order of Supreme Court goes against them, then they shall pay back the amount either from their salary or the pension or any other mode as the case may be.

6. Shri Sachin Jain, learned counsel submits that Central Administrative Tribunal at Bombay in O.A. No.133/2010 (Mumbai)(Miscellaneous) Navel Employees Union Vs. M.O. Defence, has also adjourned the matter signed die, as the matter is pending before the Hon'ble Supreme Court.

7. Shri Sachin Jain, learned counsel when craftly tried to put words to the 'consent' given by their counsel before the Tribunal, then this Court requested him to inform as to why review was not filed before the learned Central Administrative Tribunal, to which, he has no answer.

11 MP-3437-2025

8. It is submitted that against the said order of Central Administrative Tribunal, Mumbai parties had approached High Court of Judicature at Bombay, Civil Appellate Jurisdiction by filing W.P. No.15036 of 2023, where challenge was to the contempt proceedings pending before the Central Administrative Tribunal, taking note of the proceedings before the High Court of Judicature at Madras in W.P. No.609 of 2011 and other connected matters, directed that impugned judgment of the tribunal shall be implemented by the petitioner Union of India subject to undertaking to be given by the employees concerned, that in said case, their claims ultimately fails, they will have to return the amount and deferred the contempt proceedings for a period of one month from the date of the order.

9. This order of the Bombay High Court was put to challenge before the Hon'ble Supreme Court in SLP (Civil) Diary No(s). 58516/2024 and vide order dated 02.01.2025, Hon'ble Supreme Court refused to interfere with the impugned judgment/order of the High Court and dismissed the SLP, leaves no iota of doubt that Union of India while filing these Miscellaneous Petitions on 08.07.2025 has indulged in superfluous and unnecessary litigation despite having knowledge of the orders of the Bombay High Court and that of the Hon'ble Supreme Court.

10. However, in the present cases, there is not only an undertaking by the original applicants but also a consent by the respondent/Union of India counsel and, therefore, once a consent order has been passed and we requested Shri Sachin Jain to obtain instructions from the arguing counsels for Union of India, who appeared before the learned Central Administrative

12 MP-3437-2025 Tribunal and, in turn, Shri Sachin Jain informs that four counsel had appeared before the Central Administrative Tribunal and he has been able to contact one. The counsel who was contacted has not disputed the undertaking as recorded in para 9 aforesaid, we are of the opinion that in a matter of consent where the interest of the Union of India are duly protected, no further indulgence is called for, therefore, in terms of the said discussion, impugned order does not call for any interference. All the Miscellaneous Petitions have been filed in violation of the undertaking, without distinctive the same.

11. Miscellaneous Petitions fail and are dismissed.

12. We deem it appropriate to impose cost of Rs.10,000/- in each of the Miscellaneous Petitions filed by the Union of India. This cost will be payable in the Employees Welfare Fund of the Ordnance Factory Board for the welfare of the employees. Receipt of the cost be filed within thirty days from today.

(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH) JUDGE JUDGE MTK