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2012 Supreme(Del) 1930

PRADEEP NANDRAJOG, MANMOHAN SINGH
Moolchand Kharaiti Ram Hospital Karamchari Union – Appellant
Versus
Moolchand Kharaiti Ram Hospital & Ayurvedic Research Institute – Respondent


Advocates appeared:
For the Appellant:Sanjay Parikh, instructed by Ms. Mamta Saxena, Abinash K. Mishra, Ms. Bushna Parveen, Shanti Bhushan, & Raj Birbal, Sr’s. Adv. instructed by Ms. Raavi Birbal, Advocates.
For the Respondents:Shanti Bhushan, & Raj Birbal, Sr’s. Adv. instructed by R1 -Ms. Raavi Birbal, Ms. Bushna Parveen, Sanjay Parikh, instructed by Ms. Mamta Saxena, Abinash K. Mishra, V.C. Jha, & R3-Ms. Sonia Sharma, Advocates.

Judgment :

PRADEEP NANDRAJOG, J.

1. The factual matrix leading to filing of the above captioned appeals is that on August 21, 1977 a settlement was entered into between the Management of Moolchand Khairati Ram Hospital & Ayurvedic Research Institute (hereinafter referred to as the „Hospital’) and Moolchand Khairati Ram Hospital Karamchari Union (hereinafter referred to as the „Union’) pertaining to the pay of class-III and class-IV employees of the hospital. The relevant terms of the settlement dated August 21, 1977 read as under:-

“Demands of the union were discussed…..

The question of revision of pay scales was also discussed. It was agreed that interim relief @ `35/-PM. should be allowed to each employee falling in the category of class IV & III effective from 01.08.77. It was also agreed that the government pay scales as prevailing on 01.10.78 will be introduced for all employees falling in the category of class III & IV from that date.

…..

Both sides have agreed that peaceful condition should prevail and all differences will be settled by mutual discussions and agreement.

As soon as the government pay scales are introduced for class III & IV employees with effect from 01/10/78.
















































































































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