ORDER
S.J. Mukhopadhaya, J.
1. This writ application has been preferred by the petitioner, namely, Ex-Employee’s Welfare Society, for issuance of a writ of mandamus commanding upon the respondents to show cause as to why the members of the petitioner’s Society have not been paid their L.T.A. for the period 1992-93 when the persons who were on the roll and have been superannuated in 1997 and/or they are occupying the quarters and have not been paid such benefit for the period 1992-93.
2. Mr. Rajiv Ranjan, learned counsel appearing on behalf of M/s. Heavy Engineering Corporation Ltd. (hereinafter referred to HEC for shot) submitted that due to paucity of fund the Company could not pay the LTA to its employees including those who retired from service for the period 1992-93 onwards. Such statements have been made at sub-paragraph (i) to (vi) of paragraph 4 of the counter-affidavit, which are reproduced hereinbelow :
(i) That M/s. HEC is not in a position to give LTA for the year 1992-93 onwards to VRS optees and to the normal retired employees due to paucity of funds and as a policy decision, it has been decided that the same will be paid as soon as the fund is arranged.
(ii) That it is stated that the respondents, at the moment, can not commit with respect to time frame in view of the fact that the BIFR has already recommended the winding up of the respondent-Company and the same has been referred to this Hon’ble High Court in Company Petition No. 5 of 2004.
(iii) That it is stated that initially some payment was released for I.T.A. for the Flock years 1992-93 pursuant to the Hon’ble Court’s Order but it has been subsequently stopped.
(iv) That it is stated that as a Policy decision, the L.T.A. for block years 1992-93 has been paid to normal superannuated employees only.
(v) That it is stated that the respondents say and submit that L.T.A. for the Block years 1992-93 onwards is payable to the members of the petitioner Society and the same shall be paid to them immediately upon the improvement in the financial condition of the respondent-Company and as soon as the fund is arranged for the same.
(vi) That it is stated that at the moment, the respondent-Company is not in a position or in a financial capacity to pay the same.
3. In the facts and circumstances of the case while no specific time frame is given, the respondents are directed to take appropriate steps to ensure the payment of admitted L.T.A. for the years 1992-93 to the members of the petitioner’s society and other similarly situated persons as and when fund is available to the Company. If any other persons including those similarly situated like the members of the petitioner’s society is paid benefit of L.T.A. for the years 1992-93, the petitioner may bring it to the notice of the Chairman-cum-Managing Director of the H.E.C., who will look into the matter and consider the claim of the petitioner.
4. The writ petition stands disposed of with the aforesaid liberty.