Central Electronics Limited vs. General Secretary Central Electronics Limited Retired Employees Welfare Association (Celrewa)

ITEM NO.12 COURT NO.14 SECTION XIV

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s).9670/2023

(Arising out of impugned final judgment and order dated 15-02-2023 in LPA No.93/2023 passed by the High Court Of Delhi At New Delhi)

CENTRAL ELECTRONICS LIMITED Petitioner(s)

VERSUS

GENERAL SECRETARY CENTRAL ELECTRONICS LIMITED RETIRED EMPLOYEES WELFARE ASSOCIATION (CELREWA) & ORS. Respondent(s)

(FOR ADMISSION and IA No.95124/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES )

Date : 18-05-2023 This petition was called on for hearing today.

• CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE MANOJ MISRA
• For Petitioner(s) Ms. Aishwarya Bhati, ASG Mr. Anil Mittal, Adv. Mr. Shaurya Mittal, Adv. Mr. Ram Naresh Yadav, AOR Mr. Rustam Singh Chauhan, Adv. Mr. Sthavi Asthana, Adv. Mr. Bhim Singh, Adv.
• For Respondent(s) Mr. Sagar Roy, Adv. Mr. Gagandeep Singh, Adv. Ms. Mridula Ray Bharadwaj, AOR

UPON hearing the counsel the Court made the following

O R D E R

Heard Ms. Aishwarya Bhati, learned Additional Solicitor General. The senior counsel would submit that the direction to pay interest at the rate of 6% for the revised arrears of wages would be a little hard for the central public sector undertaking. The counsel would refer to the profit after tax Digitally signed by Ashwani Kumar Date: 2023.05.22 11:28:55 IST Reason: Signature Not Verified

as well as the Loss/Profit statement (Annexure P-3) to point out that the Court should not have imposed 6% interest for the delayed payment. The senior counsel would also advert to Clause 19.1 under the MoU signed with the Union which speaks of payment of arrears for the workmen and on that basis submits that the payment is to be made as and when the company is able to pay.

We have considered all the above and find that the benefit of the 6th Central Pay Commission was extended to the employees of the public sector undertaking through due process. While the public sector undertaking had made some loss the earlier years but in recent times, their books are in the black.

Considering the circumstances, we see no reason to entertain the Special Leave Petition and the same is dismissed.

As the time given by the High Court for making payment has already expired, the petitioners are granted three month's more time from today, to make the payment due to the respondent-workmen.

Pending application(s), if any, stand closed.

(DEEPAK JOSHI) (KAMLESH RAWAT)

COURT MASTER (SH) ASSISTANT REGISTRAR

2