Union of India . vs Carpenter Workers Union

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

2006 Supreme(SC) 1213

Dr. AR. Lakshmanan & Tarun Chatterjee
Union of India and Ors. PETITIONER
Versus
Carpenter Workers Union and Ors. RESPONDENT
Special Leave Petition (civil) 7000 of 2004
Decided on: 30/11/2006

Important Points

The court established that pay scale benefits granted to employees in one zone following a judicial order must be extended to similarly situated employees in other zones to ensure service parity.

Subject

Service Law - Pay Scales

Act Referred

CONSTITUTION OF INDIA: Art.136

Headnote

(A) Service Law - Pay Scale and Upgradation - Parity across zones - When an administrative authority implements a judicial order by upgrading the pay scale (notionally and actually) for employees of a specific category in one zone, the same yardstick and benefits must be extended to similarly situated employees in other zones to ensure uniformity in service conditions.

Facts of the case:
A petition was filed challenging a High Court order which had relied upon another High Court's decision regarding the upgradation of pay scales for employees working as carpenters. Following the dismissal of related appeals on grounds of delay, the administrative authority complied with a tribunal's order by upgrading the pay scale of employees in one zone notionally from 01.01.86 and actually from 01.01.1996.

Findings of Court:
Since the issues raised in the current petition are identical to those already resolved and complied with in respect of employees in another zone, there is no further need to entertain the petition. However, to ensure equity, the authority is directed to implement the same benefits from the same date for employees in all other zones.

Issues: Whether the benefits of pay scale upgradation granted to employees of one zone based on a judicial order must be extended to employees of the same category in other zones.

Ratio Decidendi: The court ruled that if a specific yardstick for pay upgradation has been applied to employees in one zone pursuant to a judicial order, the same must be implemented for employees in other zones to maintain parity.

Result: Special Leave Petition dismissed, with a direction to implement identical benefits for employees of other zones within three months.

Legal Category Hierarchy

JUDGMENT

Dr. AR. Lakshmanan, J.

The above Special Leave Petition was filed against the judgment and order dt.01.10.2003 passed by the High Court of Delhi Civil Writ petition No. 7454/2001 wherein the High Court dismissed the petition preferred by the Union of India and Others through the Secretary, Ministry of Information and Broadcasting; the Director General, All India Radio, New Delhi and the Chief Engineer (North Zone), Akashwani and Doordarshan, Jamnagar House, New Delhi.

The Delhi High Court has relied upon the order passed by the Calcutta High Court in WPCT No.505/99 dt.08.07.2002 which was challenged by another SLP No......CC 11231/2003. The said SLP was filed by the Chief Engineer (East zone) against P. Bhakta and Ors. The said SLP was dismissed by this Court on 08.01.2004 on the ground of delay. Subsequently, a Review petition was filed by the Chief Engineer (East Zone), All India Radio and Television and the said Review petition was also dismissed by this Court on 12.08.2004. Thereafter, the Prasar Bharti (Broadcasting Corporation of India), Directorate General All India Radio (Planning and Development Unit) by their Order dt.29.9.2004/8.10.04 passed an order pursuant to the Central Administrative Tribunal's order dt.06.08.1999 passed in O.A.No.114/91 in the matter of Sh. P.Bhakta and Ors. v. Union of India and Ors,. By the said order, the [ay scale of seven applicants of the aforesaid O.A. working as Carpenters in the office of Chief Engineer (East Zone), All India Radio and TV, Kolkata under Prasar Bharti (Broadcasting Corporation of India) (Director General : All India Radio) under Ministry of I and B was upgraded to Rs.1200-1800 notionally w.e.f. 01.01.86 and the revised pay scale of Rs.4000-6000 actually w.e.f. 01.01.1996 only in the case of applicants. It is also stated in the said order that the order was issued with the approval with the Ministry of Information and Broadcasting and concurrence of Integrated Finance Division of I and B vide their endorsement No.1038/2004. Since the order of the Central Administrative Tribunal has already been complied with in respect of East Zone Carpenters, there is no need to entertain this Special Leave Petition, which raises the same issue. The Special Leave petition is accordingly stands dismissed.

Now, that the order has been passed in respect of carpenters of East Zone, the union of India and the Prasar Bharti is directed to implement the same yardstick and grant the same benefits etc. from the same date to the employees of other zones as well. Three months time is granted to the Union of India and Prasar Bharti to comply with the above order of this Court.

The question of law is left open to be decided an appropriate.