Judgment

SAWANT, J.:- The petitioners in Writ Petition No. 251 of 1987 are Dairy Mates whereas, those in Writ Petition No. 558 of 1987 are Junior Plant Operatives and Semi-skilled Operatives, all working with the Delhi Milk Scheme. The first petition is on behalf of about one thousand workers, whereas, the second petition is on behalf of about 280 workers.

2. The grievance of the Dairy Mates is that although they perform the duties and functions of semi-skilled workers, they have ,been wrongly classified as unskilled workers and paid salary as such, as recommended by the 4th Pay Commission namely, Rs. 750-940/- instead of Rs. 800-1150/- which is the salary recommended to the semi-skilled workers. The grievance of the Junior Plant Operatives and Semi-Skilled Operatives is that they are actually doing the work of skilled workers, but are classified similarly as unskilled workers and paid salary as such. Both, further, have a grievance that their counterparts in other departments, particularly in Railways, have been properly classified and are paid salary accordingly.

3. The petitions were resisted by the respondent Union of India by filing counter affidavits denying the contentions of the petitioners that their work was of a semiskilled or skilled character as alleged.

4. In view of the disputed questions relating to the nature and functions of the workmen involved, this Court by its order of July 29, 1988 referred the matter to the Central Govt. Industrial Tribunal-cum-Labour Court, New Delhi to report to the Court on what would be the appropriate payscales admissible to the concerned workers, after looking into the record and giving an opportunity to the parties to produce before it such further material as they may desire to do. Pursuant to the order, the Tribunal submitted its report dated October 28, 1988. It appears from the report that the Tribunal had given opportunities to both the parties to make additional submissions, if any, and to file further material which they wished to do. Pursuant to the opportunity given, the workers in both the petitions produced additional material and evidence. The respondent Union of India, however, did not produce any further material or evidence. On the basis of the material which was already on record, and the further material produced before it, the Tribunal made its report. The relevant portions of the report may be reproduced hereunder:

3. "There are 4 categories of workmen in the DMS viz. Dairy Mates, (DM), Junior Plant Operatives (JPO), Semi Skilled Operatives (SSO) and Skilled Operatives (SO). The deployment registers of the various units read with the evidence of Shri Lajpat Rai Saxena Dairy Supervisor, conclusively prove that the various categories of workmen are performing similar duties and their positions are interchangeable with the result that there is no clear demarcation as to what function is to be performed by which category of workmen. Shri Lajpat Rai Saxena has clearly stated that the nature of duties and the degree of skill of S.O., S.S.O., and J.P.Os and D.Ms is almost same and that sometimes the work done by S.S.Os is performed by S.O. and J.P.Os subject to the availability of the category of workmen. To a question by this Tribunal, he replied that if an S.O. is available he will be posted as an S.O. only but when no S.O. is available, then S.S.O. is put in his place and sometimes J.P.Os and Dairy Mates may be put to work in his place. He further stated that generally there is a shortage of S.Os and then they have to put other categories of workmen in their places. The position is fully borne out by the various deployment registers ..........."

4. "........The position of deployment of the various categories of workmen clearly goes to show that their duties are inter changeable without. any consideration for their grades/ designations. The position obtaining on the ground clearly repells the contentions of the respondents contained in affidavit of Shri K. G. Krishnamurt