ASstt.

Registrar (Copying)
High Cour! of Tripura,

HIGH COURT OF TRIPURA Aunionzed Agartala

uls 78, A .I. 1 d 1872
AGARTALA
WP(C) 33/2022
ONGC Workers Union, Tripura Assets ----Petitioner(s)
Versus
Union of India and 3 others ----Respondent(s))
Forthe Petitioner(s) Mr. TD Majumder, Sr. Advocate
Mr. T. Halam, Advocate
For Respondent(s) Mr. A. Nandi, Advocate
Mr. 8. Majumder, CGC

HON'BLE MR. JUSTICE ARINDAM LODH

Order
06/01/2023
Heard Mr. TD Majumder, learned senior counsel assisted by Mr. T.
Halam, learned counsel appearing for the petitioner. Also heard Mr. A.
co0 Nandi, learned counsel appearing for the respondent-ONGC, Tripura Assets
V a n d :

uperintendent of
Tripura,

C o u r t and Mr. B. Majumder, learned CGC appearing for the respondents- Union of
Agartala.
H i g h

India.

The petitioner is the authorized representative of the ONGC Workers

Union, Tripura Asset. A resolution was taken authorizing the petitioner to
file the instant writ petition.
In the writ petition, the petitioner has stated that by virtue of office
memorandum dated 01.10.2020, Government of India, Ministry of Heavy
ndustries and Public Enterprises, Department of Public Enterprises (for
GARTALA
short, "DPEs") payment of additional installments of dearness allowances
payable to the
employees of Central Public Sector
Enterprises (for short,
"CPSEs") drawing pay as per 2017,
2007, 1997, 1992 and 1987 IDA
pay
revision guidelines due from 01.10.2020 shall not be
paid. It is further
decided that the additional installments of dearness
allowances due from
01.01.2021 and 01.04.2021 shall also not be paid. However, to according the
said memorandum, dearness allowance at current rates
w.e.f. 01.07.2020

rOMPARERN
 Certfed to 9P aruep
Asstt. Regí[trr (Copying)
High Ceut ol Tsipura,
Paia.
j r s i z e d uls 7ä, A.1. 1 1872

would continue to be paid. This decision was taken due to the erisis arising

out of Covid-19.
It is also stated in the said office memorandum dated 19.11.2020 that

the above guideline shall be applicable in case of Executives and Non-

and 1987
Unionised Supervisors of CPSEs drawing 2017, 2007, 1997, 1992
DA pay scales. The said office memorandum was clarified by issuance of
stated that the
another office memorandum dated 08.01.2021 wherein it was

additional
office memorandum dated 19.11.2020 freezing payment of
be applicable to the Executives
installments of dearness allowance shall only
applicable to the other
and Non-Unionised Supervisors of CPSEs, but, not

workmen of CPSEs. The said office memo dated

employees including
08.01.202l may be reproduced here-in-below, for convenience, in extenso:

2.2 "No. W-02/0045/2020-DPE(WC)

coving
S u p e r i n t e n d e n t ( C o p y i n g i

lripura,
Government of India
Ministry of Heavy Industries & Public Enterprises
of
C o u t

High A g a r t a l a
Department of Public Enterprises
Public Enterprises Bhawan
Block No. 14, CGO Complex,
LodhiRoad, New Delhi-110003
Dated 8h January, 2021
OFFICE MEMORANDUM
COUR Subject: Freezing of Dearness Allowance of Employees of CPSEs-reg.

The undersigned is directed to refer to Ministry of Coal (MoCys OM No.

49015/1/2020-LA&IR dated 07.12.2020 and Ministry of Mines (MoM) 11/18/2020
.. dated 14.12.2020 seeking clarifications in the matter cited above.
2. DPE vide OM dated 19.11.2020 has issued guidelines on freezing of IDA
rate w.e.f. 01.10.2020 till 30.06.2021, in respect of Executives and Non-Unionized
464RTAU Supervisors of CPSES following 2017, 2007, 1997, 1992 & 1987 IDA pay scales Para
3 of the said OM inter-alia states that "The above guidelines shall be applicable in
case of Executives and Non-unionized Supervisors of CPSEs drawing 2017, 2007,
1997, 1992 & 1987 1DA pay scales". The other employees including workmen of
CPSES are not covered under those guidelines.
Sd/ligible
(Samsul Haque)
Under Secretary
Ministry of Coal
(Shri Ram Shiramani Saraj, Dy. Secretary)
Lok Nayak Bhawan, Khan Market, New Delhi
Ministry of Mines
 Asst. Reístrar (Copy1ng)
High Court oi Tnpura,
Agartaia.
Autorized uls 76, A.I. 1 of 1872

The petitioner claims that they belong to the category of other

employees including workmen of CPSEs.
Mr. Nandi, learned counsel for the respondents-ONGC submits that

the petitioner has failed to substantiate that they belong to other employees
including workmen of CPSEs.
Mr. Majumder, learned senior counsel appearing for the petitioner
submits that the office memo freezing payment of additional dearness

allowance for 3 quarters will only be made applicable to the Executives and
Non-Unionised Supervisors of CPSEs and not applicable to other employees
including workmen of CPSEs. Moreover, the association of the petitioner is
tendent(Copyinglonize
unionized. It is further submitted that there is a tripartite agreement between
ura
T r i p u r ,
the
the petitioner-Union and the Central Government as well as the Corporation
of
Court

Agartala and they are entitled for dearness allowance including additional dearness
allowances.
I have given my thoughtful consideration to the submissions advanced
by learned counsel appearing for the
COUR In my opinion,
parties.
there may be other recognized Union under the ONGC
who are not before this court. It is clear from the office
memo dated
08.01.2020 that payment of additional dearness allowance has not been
stalled in case of other
employees including workmen of CPSEs. In other
words, the Govermment of India did not impose any restrictions in
regard to
COUR payment of additional dearness allowance to other category of
employees
and workmen of CPSEs including Unionised
employees. That apart, in my
considered view, the decision of the Central
Government not to bring the
other of
category employees including workmen of CPSEs
within the ambit
of the Memorandum dated
O1.10.2020 and 08.01.2021 is in consonance with
the terms of the
tripartite agreement entered into between the Central
Government, the ONGCL and the
representatives of the workers of
ONGCL TOMPARED B
m
 Certifred 9Dp atruLOpy
Asstt. Reyrstrar (Copy1ng)
High Co:urt oi fripura,
Agartala.
Autiorized uls 76, A.t. 1 of 1872

In the above backdrop. direct the respondent-ONGC to release the

additional installments of dearness allowance for 3 quarters from 01.10.2020

to 30.06.2021 in favour of the members of the petitioner-Union and other

members of the recognized Union as well other employees including

workmen of CPSEs who may not belong to any association or Union. The
said additional installments of dearness allowance shall be paid within a

period of 3 months from today.

With the aforesaid observations and direction, the instant writ

petition stands allowed and thus disposed.

JUDGE

ent (CopyBng?

r to f T i p u r A ,

jartala

Saikat