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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
ANIL S.KILOR, RAJNISH R.VYAS
Vishal S/o Manik Meshram – Appellant
Versus
Union of India, through its Secretary, New Delhi – Respondent
| Table of Content |
|---|
| 1. pay parity claims by moil employees (Para 2 , 3) |
| 2. shareholding and pay scale history (Para 4 , 5 , 10) |
| 3. processes and timelines for pay revision (Para 6 , 8 , 12 , 14 , 20) |
| 4. differentiation in pay scales among cpses (Para 11 , 13 , 19 , 22 , 30) |
| 5. court's stance on equal pay for equal work (Para 31 , 32 , 34 , 35 , 36 , 41) |
| 6. dismissal of the petition (Para 42) |
JUDGMENT :
RAJNISH R. VYAS, J.
1. Heard learned counsels for the both the parties.
2. The present writ petition is preferred by the petitioners who are the employees of Manganese Ore (India) Limited (for short “MOIL”) who claim that they are entitled for pay as made applicable to other Central Public Sector Enterprises (CPSEs), out of which, MOIL is one. The prayers are also made in this petition that the pay anomaly of the petitioners’ pay vis-a-vis Executives of other Central Public Sector Undertakings (CPSUs) under the Ministry of Steel such as SAIL, KIOCL, NMDC etc. amounts to discrimination and thus violates Article 14 of the Constitution of India. The other consequential prayers are also made including a request to set aside the Minutes of Meeting held by the Board of Directors of MOIL on 27/09/2023.
The court determined that pay disparities among public sector enterprises are justifiable due to differences in organizational structures and financial viability, reaffirming the principle of equal p....
The main legal point established in the judgment is the entitlement of employees of REC to pay scales prevalent in NTPC, PFC, and POWER GRID, based on historical parity and similar deviations from DP....
Disparity in pay scales among similar public sector undertakings constitutes violation of constitutional equality, requiring rectification for fair employment practices.
Pay scale – Though Courts would not undertake exercise of determining pay scale keeping in view nature of work by comparing employees who are not similarly placed in cases where exercise of determini....
The revision of pay for non-unionized employees does not establish a vested right, particularly in light of the financial constraints of the employing authority.
Courts may rectify pay scale anomaly between historically equivalent posts arising from irrational partial adoption of revision notifications, without job evaluation or equating duties.
Direct appointees entitled to pay parity with transferred employees and departmental counterparts performing identical duties, as unequal pay scales violate Articles 14/16; courts rectify arbitrary a....
The main legal point established in the judgment is the requirement for establishing parity in pay scales based on comparative job evaluation and equation of posts, and the burden of proof on the pet....
The State of Himachal Pradesh is not mandated to follow pay scales set by another State; employer discretion in service conditions is reaffirmed.
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