ORDER
Mr. Saiyed Jafar Ishtiaque, learned counsel for the applicants, and Mr. Chakrapani Vatsyayan, learned counsel for the respondents, are present and heard.
2. The instant original application has been filed seeking following reliefs: -
"8.1 To issue a writ, order or direction in nature of mandamus directing the respondents to grant the benefits of HRA, TA and SFA in calculation of Over Time Allowance and pay the arrears with interest accrued on it.
8.2 To issue a writ, order or direction in nature what so ever this Hon'ble Tribunal deems fit quashing the Speaking Order dated 17-04-2025.
8.3 To issue a writ, order, direction in the nature of mandamus commanding to the respondents to consider the representations of the applicants dated 03-03-2025 and 15-04-2025 in the light of judgment passed by Hon'ble Madras High Court and followed by other Tribunals and affirmed by the Hon'ble High Court as well as the Hon'ble Supreme Court as cited herein before.
8.4 To issue such other and further order or direction which this Hon'ble Tribunal may deem fit and proper in the nature and circumstances of the present case.
8.5 To award the cost of the Original Application to the applicants."
3. The brief facts of the case are that the applicants are employees/retired employees of Small Arms Factory/Field Gun Factory, Kanpur, presently under the administrative control of Advanced Weapons & Equipment India Limited after corporatization of the Ordnance Factories. The grievance of the applicants relates to exclusion of HRA, Transport Allowance (TA) and Small Family Allowance (SFA) from the calculation of Overtime Allowance (OTA) pursuant to memorandum dated 26.06.2009 w.e.f. 01.01.2006. The applicants contend that such exclusion is contrary to Section 59(2) of the Factories Act, 1948, as held by the Hon'ble Madras High Court in W.P. No. 609/2011
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and connected matters. The respondents, however, rejected the claim of the applicants vide speaking order dated 17.04.2025 on the ground that the issue was pending consideration before the Hon'ble Supreme Court. Aggrieved, the applicants have filed the present Original Application.
4. Learned counsel for the applicants submitted that earlier representation dated 09.10.2021 was rejected solely on the ground of pendency of SLP before the Hon'ble Supreme Court. He submitted that in similarly situated factories, the benefit was extended to employees subject to the outcome of the SLP. Thereafter, the applicants submitted representations dated 03.03.2025 and 15.04.2025 requesting consideration of their claim in light of the judicial pronouncements. It is further submitted that the issue now stands finally decided by the Hon'ble Supreme Court in Union of India & others vs. Heavy Vehicles Factory Employees' Union & another (Civil Appeal Nos. 5185-5192 of 2016), decided on 20.01.2026, whereby the judgment of the Hon'ble Madras High Court has attained finality. Accordingly, it is prayed that appropriate direction be issued to the respondents to consider the pending representations in light of the said judgment.
5. Learned counsel for the respondents submitted that the impugned order dated 17.04.2025 was passed only on account of pendency of the SLP before the Hon'ble Supreme Court. In view of the final judgment dated 20.01.2026, he has no objection if a direction is issued to the competent authority to consider the grievance of the applicants in accordance with law in light of the said decision.
6. In view of the submissions advanced by learned counsel for the parties and upon perusal of the record, I am of the
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opinion that no fruitful purpose would be served in keeping the present OA pending at this stage. Accordingly, without entering into the merits of the claim, Relief Nos. 2 and 3 are disposed of with a direction to the respondents to consider the representations dated 03.03.2025 and 15.04.2025 in the light of the judgment of the Hon'ble Madras High Court in W.P. No. 609/2011 and connected matters, as affirmed by the Hon'ble Supreme Court in Union of India & others vs. Heavy Vehicles Factory Employees' Union & another vide judgment dated 20.01.2026, and to pass a reasoned and speaking order in accordance with law within a period of three months from the date of receipt of a certified copy of this order. The decision so taken shall be communicated to the applicants forthwith.
7. In view of the above observations and directions, the present Original Application stands disposed of. There shall be no order as to costs.
8. All pending Miscellaneous Applications, if any, also stand disposed of.
(Rajnish Kumar Rai)
Member (J)
/Shakuntala/