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2018 Supreme(SC) 1042

KURIAN JOSEPH, SANJAY KISHAN KAUL
M. P. Poorva Kshetra Vidyut Vitaran Co. Ltd. – Appellant
Versus
Uma Shankar Dwivedi – Respondent


JUDGMENT :

Kurian, J.

Leave granted.

2. The moot question is whether the appellants are bound to implement the recommendations of the Fifth Pay Commission in respect of the respondent/employees. According to the learned senior counsel appearing for the appellants, the respondent belongs to Rewa Society, where the recommendations of Fifth Pay Commission had not been implemented and Appellant No.1 extended the benefit to the employees coming from those societies, where the benefit of Fifth Pay Commission had been implemented. There cannot be any dispute that the employees who have been absorbed shall be governed by the terms of absorption.

3. Learned senior counsel appearing for the appellants invited our attention to the Notification dated 27.04.2006, wherein it has been specifically mentioned that the pay revision of 2001 of the appellant No.1 will not be applicable to employees of Rural Electrification Cooperative Societies absorbed in the service of Appellant No.1, to whom the prerevised pay scales were not applicable. However, the learned counsel appearing for the respondent submitted that despite such exclusion, the benefit has been extended to the employees of the societies where





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