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2012 Supreme(AP) 1020

High Court of Andhra Pradesh
G. ROHINI & C. PRAVEEN KUMAR, JJ.
A.P. State Textile Development Corporation Ltd.
Versus
Presiding Officer, Hon’ble Labour Court & Others
Writ Appeal Nos.917 of 2012, 918 of 2012, 919 of 2012 & 920 of 2012
Decided on: 17-10-2012

Advocates Appeared:
For the Appearing Parties: E. Ajay Reddy, Government Pleader for Labour, M. Pitchaiah, Government Pleader for Industries and Commerce.

Headnote:Industrial Disputes Act 1947-Section 33(C)(2)---Jurisdiction of Labour Court to entertain application under S.33(C)(2)---Once is it established that respondent are employees of appellant-Corporation, and their salaries are being paid on par with employees of Corporation from out of funds allotted by Government, respondents, as a matter of right, are entitled to revised pay scales-It is a right which gets accrued and cannot be disputed by employer---Labour Court will get jurisdiction to entertain application filed under S.33(C)(2).

JUDGMENT

C. Praveen Kumar, J.

The unsuccessful Writ Petitioner filed the present writ appeals questioning the order dated 19.04.2012 passed in W.P.Nos.12661 & 12662 of 2001 and 3072 & 3907 of 2009 wherein and whereunder the awards passed in M.P. No.95 & 96 of 1990 dated 12.07.2000, and in M.P.No.6 of 2002 and M.P.No.7 of 2002 dated 16.11.2007 by the Presiding officer, Labour Court, Guntur were under challenge.

2. Since the facts, issues involved and the parties being one and the same, with the consent of all the counsel, the writ appeals are disposed of by this common judgment.

3. In all these matters, the appellant is A.P. State Textile Development Corporation Limited and the Respondents are its employees. For the sake of convenience, we refer to the facts as narrated in W.A.No.917 of 2012.

4. The appellant in all these appeals is fully owned by Government of Andhra Pradesh, established for the purpose of taking care of the needs and welfare of weavers outside the Cooperative sector. The object was to rehabilitate the weavers in the cyclone districts of Krishna and Guntur basing on the Special Rehabilitation Projects (SRPs) formulated by the Director of Handlooms and Textiles through G.O.Ms.No.569 dated 27.03.1978. Under the above scheme, the following programme facilities were provided:

“a) Training centres at Machilipatnam, Repalle, Bhattiprolu, Mangalagiri & Tenali,

b) Pre-loom facilities (100 warping machines including sheds):

c) The Dye Units at Machilipatnam & Tenali;

d) Post-loom facilities and Head-setting Plant at Krishna District;

e) Modernisation of looms (7,000 looms).”

5. It may be noted that for the purpose of this writ appeal, we are concerned with the Heat setting plant at Krishna District as the respondents 2 to 7 in the writ appeal who have claimed the revised pay scales and have worked in the Heat setting plant at Krishna District.

6. The Project Officer of these SRPs recruited the respondents who were sponsored by the District Employment Exchange to work in the projects of Krishna and Guntur District. The respondents in the writ appeals were recruited to the post of attenders with usual allowances admissible to the staff of A.P. Textile Development Corporation Limited in the year 1979 and have been working in different places in Krishna and Guntur districts with basic pay at Rs.165/- and their salaries were being paid by the Corporation.

7. As things stood thus, there was a revision of pay scales by virtue of G.O.Ms.No.235 dated 17.09.1979. The Corporation issued memo dated 10.01.1980 to all the employees of the Corporation including the respondents in all the writ appeals instructing them to give their option in the prescribed form. All the respondents have opted for revised pay scales of the Corporation. As stated above, the employees were paid salaries on par with the employees of the Corporation and the Heat setting plant at Krishna District paid an interim relief of RS.25/- pending implementation of the revised pay scales. The pay revision was adopted on 10.01.1980 to all its employees and the Government of Andhra Pradesh issued G.O.Ms.No.54 dated 30.01.1981 and in column No.8 to the said annexure, the basic pay payable to the attenders was shown as 295-5-345-10-425 working at Heat setting plant at Machilipatnam. Subsequently the appellant has converted the project centres in the two districts of Krishna and Guntur into Cooperative Societies under the Cooperative Societies Act and after formation of Heat setting plant, the respondents were posted at Heat setting plant at Machilipatnam. Thus, the respondents became employees in the same cadre on 01.04.1981 and the Heat setting plant came to be controlled by the appellant herein which has also adopted the implementation of revised pay scales. The Grievance of the employees is that they were not paid the amount due to them towards arrears as per revised pay scale in spite of number of representations being made to the authorities. The said inaction on the

























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