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SOUMEN SEN, SAUGATA BHATTACHARYYA
West Bengal State Electricity Distribution Company Ltd. – Appellant
Versus
West Bengal State Electricity Board Engineer’s Association – Respondent
JUDGMENT :
(Soumen Sen, J.)
Both the review applications are arising out of a judgment and order dated 17th September, 2021 passed in MAT 501 of 2020 and MAT 502 of 2020. Both the writ petitions were heard analogously and disposed of by a common judgment.
2. The order of the learned Single Judge that the employer is obliged to extend the Dearness Allowance to its employees at the central government rate on and from 1st January, 2009 as may be notified by the Central Government from time to time till the life of ROPA 2009 was affirmed by the Division Bench. The applicants prefer a Special Leave Petition being SLP(c) No. 2947 of 2022. The said special leave petition was dismissed on 4th March, 2022 with the following observation:
3. The review of the said order being
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A person senior in a gradation list cannot be allowed to be paid lesser salary than his junior, as per the Supreme Court’s decision in Gurcharan Singh Grewal and another vs. Punjab State Electricity ....
Industrial dispute - If the employer is an instrumentality of the State, as per Article 12 of the Constitution of India, then they are bound to conform fully to the rigour discipline of the mandate c....
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