SUPREME COURT OF INDIA
RANGANATH MISRA, P.B. SAWANT AND K. RAMASWAMY, JJ.
Civil Miscellaneous Petition No. 10864 of 1989 in Writ Petition No. 13044 of 1984
JUTE CORPORATION OF INDIA OFFICERS ASSOCIATION
Versus
JUTE CORPORATION OF INDIA LTD. AND ANOTHER
With
Civil Miscellaneous Petition No. 28275 of 1988 in Writ Petition No. 678 of 1985
OFFICERS & SUPERVISORS OF INDIAN DRUGS & PHARMACEUTICALS LTD.
Versus
UNION OF INDIA AND ANOTHER
With
Civil Miscellaneous Petition No. 11987 of 1989 in Writ Petition No. 12198 of 1985
THE OFFICERS OF CEMENT CORPORATION OF INDIA
Versus
UNION OF INDIA AND OTHERS
With
Contempt Petition No. 109 of 1989 in Writ Petiton No. 485 of 1989
CHANDRON
Versus
F.C.I. AND OTHERS
With
LA No. 2 of 1990 in Writ Petition No. 17059 of 1984
OFFICERS OF F.C.I.
Versus
F.C.I. AND OTHERS
With
I.A.. No. 1 of 1989 in Writ Petition No. 12655 of 1984
THE EMPLOYEES OF ENGINEERS INDIA LTD. AND OTHERS
Versus
ENGINEERS INDIA LTD. AND ANOTHER
With
I.As. Nos. 1 and 2 of 1990 in Transfer Cases Nos. 82-83 of 1985
F.C.I.
Versus
F.C.I. EMPLOYEES CONGRESS AND OTHERS
CMP No. 28275 of 1988 & CMP Nos. 10664 and 11987 of 1989 and Contempt Petition No. 109 of 1989 and LA. Nos. 1 of 1989 and 1 & 2 of 1990 and 2 of 1990, decided on May 3, 1990
Employment and Service matter - Scales of pay and dearness allowance - Public sector enterprises - Implementation of recommendations of High Power Pay Committee - Main reliefs claimed in those petitions were that (i) employees should be permitted to continue to draw salary in scales of pay applicable to them along with Central Dearness Allowance, (ii) they should be granted all benefits of pay revision and revision of other allowances which may be announced from time to time by Central Government for its employees and (iii) there should be no discrimination between them and those directly employed by Central Government and that they should get same scales of pay and allowances for same types of jobs in accordance with principle of "equal pay for equal work" - Held, Committee submitted its recommendations by its Final Report of November 2, 1988 - However, Central Government did not act on said report expeditiously and hence present writ petitions were filed on various dates praying for relief in form of a direction to Central Government to implement recommendations made in Report - Government took several adjournments to disclose its stand on Report and has now ultimately come out with proposals which are incorporated in additional affidavit filed on behalf of Union of India by Shri Suresh Kumar, Additional Secretary in Ministry of Industry, Bureau of Public Enterprises - There was not much controversy over proposals except in regard to date of implementation of House Rent Allowance – Petitions disposed of
Judgment
SAWANT, J.- In all these cases the relief claimed is the implementation of the recommendations of the High Power Pay Committee in respect of the emoluments to be paid to the officers belonging to Class I and Class II service employed in different public sector enterprises.
2. Earlier, these employees had approached various High Courts and this Court against the decision of the Central Government to switch them over to the Industrial Dearness Allowance pattern and the incidental steps taken to enforce the said decision. The main reliefs claimed in those petitions were that (i) the employees should be permitted to continue to draw the salary in the scales of pay applicable to them along with the Central Dearness Allowance, (ii) they should be granted all the benefits of pay revision and revision of other allowances which may be announced from time to time by the Central Government for its employees and (iii) there should be no discrimination between them and those directly employed by the Central Government and that they should get the same scales of pay and allowances for the same types of jobs in accordance with the principle of "equal pay for equal work".
3. During the course of the hearing, on August 24, 1984, this Court ordered the payment of three additional dearness allowance instalments from August 1, 1983, October 1, 1983 and November 1, 1983 to those employees who were on Central pattern of pay scales and dearness allowance subject to an individual undertaking by each employee that in case such payment resulted in the employees receiving an excess, such excess would be recovered from him from future payments, if the petitions failed.
4. On February 19, 1986, the court further ordered that all employees of public sector enterprises following the Central dearness allowance pattern and drawing a basic pay of Rs 1000 or less, will be entitled to interim reliefs on the same basis and scales as the Government of India employees w.e.f. January 1, 1986. This was also allowed subject to similar undertaking given by each employee.
5. When the matters were posted for hearing on March 14, 1986, the Central Government expressed its willingness to refer to High Power Pay Committee the question regarding the revision of pay scales, additional dearness allowance, compensatory and other allowances and such other incidental aspects relating to the employees governed by the Central pattern of pay scales and dearness allowance. Accordingly, the court directed the Central Government to constitute a High Power Pay Committee to go into various aspects relating to pay scales and other incidental matters including interim relief to the said employees, viz. the employees governed by the Central Government pattern of pay scales and dearness allowance. The terms of reference of the High Power Pay Committee were as follows :
"I. To examine the present structure of emoluments and conditions of service taking into account the total packet of benefits in cash and kind, available to the workers, clerical staff, supervisors and officers, below the Board level following the Central DA pattern and to suggest changes which may be desirable and feasible.
II. To examine the variety of allowances and benefits in kind that are presently available to the above noted employees in addition to pay and DA and suggest rationalisation, simplification thereof with a view to promoting efficiency.
III. To examine matters relating to grant of interim relief to the employees of all such public enterprises (belonging to the Government of India and following the Central DA pattern) who are drawing basic pay above Rs 1000 per month and grant necessary relief to them, if called for.
IV. While making recommendations on the above points, the Committee would keep in view other related factors such as scales of pay, DA and allowances prevailing in other public sector undertakings on Industrial DA formula, economic conditions in the country, resources available at the disposal o
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