Four retired British Gurkhas have lost their legal battle with the British government for equal pay on a technicality, British newspaper reports say.

They had filed case against the Ministry of Defence at an employment tribunal saying the payment to the soldiers serving army was discriminatory. Three of them had served with the British Expeditionary Force in the Falklands War.

In case they had won, it would have challenged the validity of the long-standing agreement between the UK and Nepal over Gurkhas’ service.

Tribunal ruled that the claims were submitted too late to be considered.

The applicants Kishor Gurung, Netra Bahadur Pun, Libahadur Pun, Udayakumar Gurung had served in the British army between 15 and 18 years before retiring.

They claim equal payments on the grounds that the Tri-Partite Agreement (TPA) between India, Nepal and the UK about terms and conditions of service ‘were part of an overall package of discriminatory terms and conditions of service which derived from the TPA’.

The Gurkhas said they had received less pay and lower pensions than normal British soldiers, as well as receiving lower re-settlement grants and no terminal leave grant – a lump sum paid to UK troops.

The Gurkhas further said the Army did not make the same National Insurance contributions for them, while they were only given a limited amount of time with their families while serving.

“We’ll never know how it might have gone, but if this case had gone ahead and they had won, it might have had far-reaching consequences for Gurkhas who have been discharged more than six months ago, and I think that a lot of other Gurkhas were interested in it,” Solicitor Matthew Gold for the Gurkhas said.

The tribunal’s ruling may make it possible for other Gurkhas who retire from the Army to make claims of race discrimination to an Employment Tribunal within six months of discharge.

The four people had filed their complaints in November 2005, more than two years before Defence Minister Derek Twigg announced those who retired after July 1997 would get pensions in line with other British soldiers.

Gold said that though all four retired after that point, there was still some indication that they wouldn’t be credited for all of their years’ service.

Kishor Gurung, Libahadur Pun and Netra Bahadur Pun all served in the Falklands, while Udaya Kumar Gurung served in Australia and Bosnia.