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2009 Supreme(SC) 980

S.B.SINHA, MUKUNDAKAM SHARMA
Haryana Vidyut, Parsaran Nigam Limited – Appellant
Versus
Gulshan Lal – Respondent


Advocates appeared:
Paramjit Singh Patwalia, Salman Khurshid, Sr. Advs., Neeraj Kumar Jain, Sandeep Chaturvedi (for Ugra Shankar Prasad), Arunabh Chowdhury, Aman Preet Singh Rahi, Arijit Bhaumik (for Ms. Ruby Singh Ahuja), Rishi Malhotra, Prem Malhotra, Advocates.

JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. Interpretation of a judgment of Civil Judge, Faridabad in Civil Suit No. 180 of 1999 dated 17-11-2000 is in question in these appeals.

3. Respondents are employees of the appellant-Board, a successor of Haryana State Electricity Board constituted and incorporated under Section 5 and 12 of the Electricity (Supply) Act, 1948. Respondents were employees of a Thermal Power Plant at Faridabad. Indisputably the appellant has another Thermal Power Plant at Panipat. Inter alia on the premise that the employees similarly situated and working at Panipat, Thermal Power Plant were receiving a higher salary, the aforementioned suit was filed praying inter alia for the following reliefs :

“(a) a decree of declaration in favour of plaintiffs and against the defendants, declaring the plaintiffs entitled to receive the said higher pay scale of Rs.1400-2600/- w.e.f. 24.10.1991, and of Rs.5000-150-8000 w.e.f. 1.1.1996 alongwith interest @ 18% p.a. from the date of due till actual payment, as given to their co-employees as mentioned in para No. 2 above of the plaint, on the basis of principle of ‘equal pay for equal work,;

(b) a decree of mandatory injunc

















































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