THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.2250 of 2002 DATED:13.12.2010 BETWEEN S.LAKSHMANARAO & OTHERS. …PETITIONERS AND THE HMT LTD. REP BY ITS GENERAL MANAGER & ANOTHER …RESPONDENTS. THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.2250 OF 2002 ORDER: - This writ petition is filed by the petitioners seeking for issuance of writ of mandamus to declare the action of the respondents in not paying the mutual benefit fund while paying the same benefit to other employees as illegal and arbitrary and violation of Article 14 of the Constitution of India and to direct the respondents to pay the amount available in the Mutual Benefit Fund in the petitioners’ name. The case of the petitioners is that the respondent-organisation which has been registered under the Companies Act, 1956 and is fully owned and controlled by the Government of India, introduced the voluntary retirement scheme and the petitioners opted for the same and the respondent-organisation has assured to settled the matter by paying the entire amount from the date of decision. But, the same has not been complied with. Thereby, the respondent-organisation has not paid the pay revision’s difference in the enhancement of earned leave, gratuity and other benefits etc. It is their further case that the payment of death cum service mutual benefit fund has also not been settled and this matter is squarely covered by the judgment of this Court in W.P.No:30290 of 1998, which was allowed directing the repayment of mutual benefit fund. Therefore, the present writ petition is filed. The respondent has filed a counter. It is stated in the counter that H.M.T Employees’ Death cum Service Mutual Benefit Fund (hereinafter referred to as Fund) is a separate registered body registered with the Registrar of Societies vide Registration No:79 of 1964. The said fund is owned and controlled by its members who contributed to the Fund and avail benefits such as death, long sickness, resignation, termination and superannuation etc. The respondent company is in no way connected with the administration of the said Fund. The said Fund is having its own Managing Committee consisting of the President, Secretary, Treasurer and a Member. The grievance of the petitioners appears to be non receipt of the benefits from the said Fund and they are not entitled to raise any claim against the respondent company towards the amount payable by the said Fund. The said Fund is not made a necessary party to the proceedings. The respondent company vide office order No:25/1995 dated 25.10.1995 revised the scales of pay to the supervisors and officers of the company with effect from 1.1.1992 onwards. But, the company has implemented the same with effect from 1.10.1995. Certain ex-officers of the company including the petitioners herein have filed separate writ petitions before this Court claiming arrears of pay w.e.f 1.1.199 to 30.9.1995. Though the petitioners therein claimed various amounts including the amount towards death cum service mutual benefit fund apart from pay arrears, it was argued only with respect to the entitlement of arrears of pay and this Court directed the H.M.T management to pay the arrears by granting six months time in various writ petitions. The entitlement of death service mutual benefit fund amount was not argued and it was adjudicated and therefore, it is not correct that this is a covered matter. Therefore, this writ petition is liable to be dismissed. Heard the learned counsel and perused the material available on record. The learned counsel for the petitioners placed a copy of the judgment of this Court in W.P.8709 of 2001 and batch, dated 27.8.2001 wherein it was observed thus: “A Division Bench of this Court in similar circumstances in Writ appeal No:686 of 2000, dated 21.6.2000 in which Hindustan Machine Tools Limited is the appellant, directed the respondent organisation to pay the amounts stated supra expeditiously. This judgment was followed by another Division Bench of this Court in W.P.No:12532 of 1997, dated 19.10.2000 wherein the respondent organisation was given four months time to pay the amounts to the employees herein. Though the matter was carried in appeal in S.L.P. (Civil) No:11818 of 1998, the Apex Court dismissed the matter by order dated 10.8.1998. Hence, the judgment of the Division Bench of this Court became final. Following the judgments of the two Division Benches of this Court, the respondent-organisation is directed to pay the statutory benefits like gratuity, arrears of salary as per revised pay scales, 199, death cum service mutual benefit fund, amounts accumulated in group insurance scheme, provident fund etc to which the petitioners are entitled to, within a period of six months from the date of receipt of a copy of the order. The writ petitions are accordingly allowed.” In this regard, the case of the petitioners is that by virtue of the services rendered by them as employees of the respondent organisation and by virtue of the scheme implemented by the respondent organisation, the petitioners are entitled to the benefits, which were provided to the similarly situated persons. There is no dispute as to the legal proposition and its finality in this case. But, at this stage, it is to be noted that the petitioners have failed to elicit as to whether those persons who were granted the similar benefits in the earlier litigation, are similar to them. However, in this background of the matter and in the present facts and circumstances of the case, without expressing any opinion on the merits of the case, I feel it just and proper to give liberty to the petitioners to make a representation/representations to the respondent organisation for the appropriate reliefs, within a period of four (4) Weeks from the date of a copy of this order and thereafter, the respondent organisation is directed to pass appropriate orders on the said representation/representations within a period of four (4) months. Subject to the above direction, this writ petition is disposed of. No costs. ____________________ G. CHANDRAIAH, J Date:13.12.2010 Gurc. THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PEITITON No.2250 of 2002 DATED:13.12.2010