ARIJIT BANERJEE, J. - (1.) Both the appeals mentioned above arise from same judgment and order dated 19 June, 2015 passed by the Learned Single Judge whereby WP 3572 (W) of 2012 was allowed. Since both the appeals involve same set of facts, the same are taken up together for hearing and disposal by this judgment.
(2.) The writ petitioners are employees or ex -employees of the appellant company at the Rupnarainpur Unit of the Company. Contending that their age of retirement is 60 years, the writ petitioners approached the Learned Single Judge alleging that the appellant company has not been making payment of their salaries and other allowances after attaining the age of 58 years though they continued or are continuing in service till the age of 60 years. The writ petitioners accordingly, prayed for a writ in the nature of mandamus commanding the respondent company and the Union of India to release their salaries and allowances and further pay their monthly salary till their superannuation and directing the respondents to release retiral benefits of the petitioners who have superannuated. The Learned Judge allowed the writ petition. The operative portion of the judgment of the Learned First Court is as follows: - "I thus, allow the writ petition and direct the respondent company to take necessary steps for payment of admissible dues to the petitioners who have already retired from service and to release the unpaid salaries and allowances to the petitioners who are still in service and to go on paying the same till they attain the age of superannuation. Such steps are to be taken within a period of ten weeks from the date of the communication of the order. Needless to mention, if necessary, the respondent no. 1 shall provide the requisite financial assistance to the respondent company for making necessary payment to the writ petitioners in terms of this order if the respondent no. 1 is otherwise obliged to bear the financial burden of the company in this regard."
(3.) Challenging the aforesaid judgment and order the appellant company and the Union of India have filed separate appeals which are before us. Submission on behalf of the Hindustan Cables Ltd. (appellant No. 1 in MAT no. 1446 of 2015) (3) Appearing on behalf of the Hindustan Cables Ltd. (in short the 'Company'), Mr. Partha Sarathi Sengupta, Learned Senior Counsel urged a preliminary point of maintainability of the writ petition. He submitted that the writ petitioners have filed the instant proceeding to enforce a money claim simpliciter. Mr. Sengupta then submitted that a contractual right and that too a plain and simple money claim cannot form the basis of a writ petition. In this connection he relied on a decision of the Hon'ble Supreme Court in the case of M/s. Burmah Construction Company -vs. -The State of Orissa, AIR 1962 SC 1320, wherein at paragraph 6 of the judgment the Hon'ble Apex Court observed that the High Court normally does not entertain a petition under Art. 226 of the Constitution to enforce a civil liability arising out of a breach of contract or a tort to pay an amount of money due to the claimant and leaves it to the aggrieved party to agitate the question in a civil suit filed for that purpose. However, an order for payment of money may sometimes be made in a petition under Art. 226 against the State or against an officer of the State to enforce a statutory obligation. He also relied on a decision of the Hon'ble Supreme Court in the case of Suganmal -vs. -State of Madhya Pradesh, AIR 1965 SC 1740.;