IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 444 of 2009 (S/S) 1. Ram Kripal Singh Rawat, aged about 62 years, S/O Shri Chawam Singh, Village Pakhali Talli, Post Chandauli, Tehsil Dhumakot, Pauri Garhwal. 2. Sudhir Swaroop Sethi, aged about 60 years, S/O late Shri S.S.Sethi, retired from UCF, Haridwar, R/O Subhash Road, Dehradun. 3. Shri Harsh Marin Telwal, aged about 62 years, S/O Late Shri Ramnath, R/O Subhash Road, Dehradun. 4. Mohd. Ikhlaq aged about 62 years, S/O Mohd. Ajay Hussain, retired from Soyabin Project, Halduchaur, Haldwani. 5. Pramod Kumar Sharma, aged 61 years, S/O late Shri C.L.Sharma, R/O House No. 103, Shivaji Marg, Dehradun. 6. Narendra Singh Negi, aged about 61 years, S/O late Shri K.S.Negi, R/O House No. 232, Nathnapur, Jogiwala, Dehradun. …… Petitioners. Versus 1. U.P. State Cooperative Federation Ltd. Lucknow through its Managing Director, Lucknow, 2. Uttaranchal State Cooperative Federation Ltd. Through its Managing Director, 125, Old Nehru Colony, Dehradun. … Respondents. Mr. Pradeep Hairiya, Advocate, learned counsel for the petitioners. Mr. Ashish Joshi, Advocate, learned counsel for the respondent No.1. Mr. Subhash Upadhyay, Advocate, learned counsel for the respondent No.2. Date July 08, 2010. Hon’ble B.S.Verma, J. By means of this writ petition, the petitioners have sought the following relief:- (1) Issue a writ, order or direction in the nature of mandamus commanding the respondents to release the post retrial dues of the petitioners viz. provident fund, gratuity, leave encashment and security money and other dues with 18% interest. (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to release the arrears of 5th 2 Pay Commission from 1-1-1996 to 15-7-1999 along with 18% interest. (iii) Issue a writ, order or direction, which this Hon’ble Court may deem fit and proper in the circumstances of the case. (iv) Award the cost of the petition in favour of the petitioners. Relevant facts, giving rise to the present writ petition in brief, according to the petitioners, are that the petitioners herein were working as operator, assistant and compounder in the pay- scale of Rs. 4500-7000 in the U.P. State Cooperative Federation Ltd. (for short UPCF) as detailed in paragraph no.2 of the memo of writ petition. After creation of the State of Uttaranchal (now Uttarakhand), a new cooperative federation known as the Uttaranchal Cooperative Federation Ltd. (for short UCF) was established w.e.f. 1-1-2005. The petitioners were absorbed under the employment of UCF after a Memorandum of Understanding (MOU) was arrived at between the UPCF and UCF on 6-11-2004. As per MOU, the amounts of provident fund, gratuity, leave encashment and security money as also other dues of the employees would be borne by the UPCF. It is also provided under the MOU that the UCF would not be liable for any financial or legal liability of UPCF prior to transfer of assets, liabilities etc. w.e.f. 1-1-2005. The petitioners no. 1 to 5 in pursuance of the MOU submitted their joining in the UCF on 1-1-2005, while the petitioner no. 6 joined in the UCF on 1-10-2002. The grievance of the petitioners is that the payments by the UCF had already been made to the petitioners but the remaining amount of gratuity, earned leave encashment, arrears of 5th Pay Commission from 1-1-1996 to 15-7-1999, amount of security and others dues which were payable by the UPCF were not so far paid to the petitioners. The petitioners have furnished the details of the dues payable to them in paragraph 9 of the writ petition. 3 Counter affidavit has been filed on behalf of the respondent no.2. The respondent no. 1-UPCF has filed Affidavit and along with the affidavit, copy of counter affidavit filed in WPSS NO. 445 of 2009, Shambhu Dutt Pandey Vs. U.P.State Cooperative Federation Limited and another has been annexed. During the course of arguments, learned counsel for the petitioners have submitted that the controversy involved in the present writ petition stood settled by this Court in Writ Petition No. 354 of 2009 (S/S) Radhy Shyam Srivastava Vs. The U.P. State Co- operative Federation and others along with ten other petitions, decided on 12-11-2009, whereby all the writ petitions were allowed and the UPSCF was directed to make the payment of grauity, leave encashment, arrears of pay to the petitioners for the period they served UPSCF. Learned counsel for the petitioners also urged that the judgment rendered by the learned Single Judge was also upheld in Special Appeal No. 229 of 2009, U.P. Cooperative Federation Ltd. And another Vs. Uttaranchal State Cooperative Marketing Federation Ltd. and others and interest has been awarded @ 8% per annum, vide order dated 14-5-2010 passed by a Division Bench of this Court. Learned counsel for the respondents have fairly conceded that the controversy involved in the present writ petition is similar and the same stands resolved by the judgments rendered by the learned Single Judge and that the judgment of the learned Single Judge has been upheld in special appeal. I have perused the judgments rendered by the learned Single Judge of this Court. In the order dated 12-11-2009 passed in WPSS No. 354 of 2009 (S/S) Radhy Shyam Srivastava Vs. The U.P. State Co- operative Federation and others, the operative portion of the order reads as under:- These writ petitions are, therefore, allowed. UPSCF is hereby directed to make the payment of gratuity, leave encashment, arrears of pay to the petitioners for the period they served UPSCF 4 till 31.12.2004 within a period of three months from the date a certified copy of this order is produced before UPSCF. As regarding interest, the same has been declined by the Division Bench of this Court and instead of interest of 6% a quantified amount of interest of Rs. 10,000/- has been paid. Therefore, it is further directed that UPSCF shall pay a quantified amount of interest of Rs. 10,000/- to each of the petitioners.” The Division Bench of this Court while dismissing the appeal (Special Appeal No. 229 of 2009U.P. Cooperative Federation Ltd. and another Vs. Uttaranchal State Cooperative Marketing Federation Ltd. and others) has made the following observations in para no. 16:- “16. For the reasons recorded hereinabove, the instant appeal is dismissed. The appellants shall calculate all the retrial benefits under the due payable to respondent No. 3 within one week from today and disburse the entire amount due to respondent No. 3 within a further period of one week. Respondent No. 3 besides being paid the dues, shall be paid interest @ 8% from the date the amount become due till the same is paid.” In the above facts and circumstances coupled with the fact that the controversy involved in the present writ petition is squarely covered by the judgment passed in the writ petition, which has been upheld in special appeal, I am of the view that the present writ petition deserves to the allowed in terms of the judgment rendered in the writ petition No. WPSS No. 354 of 2009 (S/S) Radhy Shyam Srivastava Vs. The U.P. State Co-operative Federation and others. The petitioners shall be entitled to interest @ 8% per annum as awarded by the Division Bench of this Court in Special Appeal No. 229 of 2009 U.P. Cooperative Federation Ltd. and another Vs. Uttaranchal State Cooperative Marketing Federation Ltd. and others. The writ petition is allowed in terms of the order dated 12-11-2009 passed in WPSS No. 354 of 2009 (S/S) Radhy Shyam Srivastava Vs. The U.P. State Co-operative Federation and others. 5 The respondent no.1-U.P.State Cooperative Federation Limited Lucknow is directed to make the payment of gratuity, leave encashment, arrears of pay to the petitioners for the period they served U.P. State Cooperative Federation Limited till 31-12-2004 within a period of three months from the date of production of certified copy before the respondent no.1. The petitioners shall be entitled to simple interest @ 8% per annum from the date the amount became due till the date of payment. ( B.S.Verma, J. ) RCP