2012 Supreme(AP) 447
High Court of Andhra Pradesh
B. CHANDRA KUMAR
A.P. State Textile Development Corporation Limited
Versus
The Presiding Officer, Labour Court & Others
W.P.Nos.12661 & 12662 of 2001 & 3072 & 3907 of 2009
Decided On : 19-04-2012
For the Petitioner:E. Ajay Reddy, Advocate.
For the Respondents:R1, G.P. for Labour, R12, G.P. for Industries, P. Govindarajulu & M. Pitchaiah, Advocates.
Headnote:A) INDUSTRIAL DISPUTES ACT, 1947, Section 33-C (2):- Where the petitioner / labourer filed a petition under Section 33 C(2) seeking his pay scale as per the revised pay scale, the labour court has every right to enquire into the question of entitlement of the right of the workman under the revised pay scale notwithstanding a bare denial by of the right by the management.
B) PREEDENT :- Judgment of a larger bench of Supreme Court is binding on the subsequent judgment of a lesser or co-equal bench.
Since the facts of the case, issues involved and the parties are one and the same and common arguments have been advanced by the learned counsel in all these writ petitions, they are being disposed of by this common order.
2. W.P.No.12661 of 2001 has been filed challenging the order dated 12.07.2000 passed in M.P.No.95 of 1990 by the Presiding Officer, Labour Court, Guntur. W.P.No.12662 of 2001 has been filed challenging the order dated 12.07.2000 passed in M.P.No.96 of 1990 by the Presiding Officer, Labour Court, Guntur. W.P.No.3072 of 2009 has been filed challenging the order dated 16.11.2007 passed in M.P.No.6 of 2002 by the Presiding Officer, Labour Court, Guntur. W.P.No.3097 of 2009 has been filed challenging the order dated 16.11.2007 passed in M.P.No.7 of 2002 by the Presiding Officer, Labour Court, Guntur.
3. In all these matters, the petitioner is A.P. State Textile Development Corporation Limited and the respondents are its employees. The brief facts of the case, as narrated in W.P.No.12661 of 2001, are as follows:-
Respondents 2 to 11 filed an application under Section 33-C (2) of the Industrial Disputes Act, 1947 contending that A.P. Textile Development Corporation Limited is an undertaking of the Government of Andhra Pradesh operating projects in the name of Special Rehabilitation Projects in Krishna and Guntur districts. As per the requisition of the Project Officer and being sponsored by the concerned employment exchange, the respondents were recruited for the post of attenders in February, 1979 and they were working in different places in Krishna and Guntur Districts. The initial appointment order of one Mukamala Jaganmohan Rao is extracted below for the sake of convenience.
Proceedings of the Project Officer, Special Rehabilitation Project, Vijayawada
Present:-Sri G.Narayanaswamy, B.A., B.L.,
Project Officer R.C.No.19/78/SRP, dated 08.02.1979
Sub:-Appointment of Attenders – Orders – Issued.
Ref:-Letter No.A1/53/79, dated 31.01.1979 of the District Employment Officer,
Guntur
***
ORDER:-
Sri Mukkalama Jagan Mohan Rao, Sri Manchala Yesupadam and Sri Sk. Silar sponsored by the District Employment Exchange Officer, Guntur in the letter read above is appointed as Attenders in the Scale of Rs.165-5-190-6-250 with usual allowances admissible to the staff of the Andhra Pradesh State Textile Development Corporation and posted to Phiramgipuram, Tenali and Mangalagiri Production Centres respectively.
His appointment is purely temporary and is terminable any time without notice and without assigning any reason. However, the post is likely to continue as long as the Special Rehabilitation Project Scheme continues which may be about two years hence.
He should report for duty before the Production Manager, Phiramgipuram, Tenali and Mangalagiri on or before 20.02.1979 failing which the appointment will be cancelled.
Sd/-xx 08.02.1979
G.Narayanaswamy,
Project Officer.
4. It is not in dispute that similar appointment orders have been issued to other employees. There was a revision of pay scales by virtue of G.O. (P) No.235 dated 17.09.1979. Thus the corporation issued a memo on 10.01.1980 to all its employees including the respondents to submit their option in the prescribed form. The respondents have opted for revised pay scales of the corporation. Before revision, the respondents were paid salaries on par with the corporation employees and the second respondent paid interim relief of Rs.25/-pending implementation of the revised pay scales. The first petitioner announced the adoption of revised pay scales on 10.01.1980 to all its employees. The Government of Andhra Pradesh passed G.O.Ms.No.54 dated 30.01.1981 and in that annexure also in column No.8, the basic pay payable to the attenders is shown as 295-5-345-10-425 working at Heat Setting Plant, Machilipatnam. Subsequently, the first respondent has converted the Project Centre into two districts of Krishna and Guntur into Cooperative Societies under Cooperative Societies Ac