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2017 Supreme(Del) 4515

IN THE HIGH COURT OF DELHI AT NEW DELHI
C. HARI SHANKAR, J.
Khazan Singh - Petitioner
Versus
DTC - Respondent
W.P. (C) No. 3174 of 2004
Decided On : 01-12-2017

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sudershan Rajan
For the Respondent: Mr. Sarfaraz Khan

Headnote:

Constitution of India, 1950 - Article 226, 227 - Scales of pay - Scale promotion - Denial - Scales of pay applicable to an organization is a pure question of fact - It was impermissible for the petitioner to raise such an issue for the first time - Corporation denied the said asseveration of the petitioner - Neither the Regulations, nor the organizational chart which the respondent, per contra, would press into service, were before the learned Tribunal - Court is loath, at this juncture, to choose one over the other - Tribunal cannot be faulted in having rejected the claim of the petitioner - Scales of pay of Draftsman, applicable to the said three grades are Rs 290-480, 380-500 and 425-700, respectively - Which are, clearly, different from the "original scales" sought to revise - being Rs. 260-430, 330-560 and 425-700 - Held, petitioner has not been able to make out any case - No infirmity can be said to exist, in the impugned Award - Writ petition is dismissed.

Constitution of India, 1950 - Article 226, 227 - Writ petition - Draftsmen - Claiming parity - Fail to prove - Judicial notice may be legitimately taken - Corporation is functionally a Corporation with an entirely different agenda, entailing entirely different duties and responsibilities, as compared to the CPWD - Absence of specific evidence - It would be impossible to presume that draftsmen in the CPWD would discharge duties similar to draftsmen in the respondent Corporation - Petitioner discharged the burden - Held, petitioner cannot base his claim on the principle of "equal pay for equal work.

JUDGMENT :

1. There appears, on the face of it, to be so much vacillation, in the stance of the petitioner in the present case from time to time, that it would probably be best to “start at the beginning, and, when we come to the end, stop” – to borrow the timely advice of the Mad Hatter to Alice.

The Facts

2. This writ petition is directed against an Award, dated 27th June 2003, of the learned Industrial Tribunal, Karkardooma (hereinafter referred to as “the learned Tribunal”). Inasmuch as the other applicants, before the learned Tribunal, have not chosen to challenge the impugned Award, the recital of facts hereinafter, shall be limited to the case of the petitioner. The petitioner was one of four Draftsmen, employed by the respondent-Corporation, who initialized the industrial dispute wherefrom the present proceedings emanate. There is, however, considerable road to be covered, before we reach the stage of such initialization.

3. The story, in a way, starts with the agitation, by Draftsmen, in the Central Public Works Department (CPWD), for enhancement/upward revision in the scales of pay being drawn by them. The matter was referred, by the Ministry of Labour, to a 3-member Board of Arbitration (hereinafter referred to as “the Arbitral Board”), headed by a learned retired Judge of the Supreme Court, Hon’ble Jaswant Singh, J. It is not necessary to allude to the details of the Award, dated 20th June 1980 (hereinafter referred to as “the Arbitral Award”), which came to be delivered by the Arbitral Board; suffice it to state that the operative portion, thereof, read thus:

“Having given its careful consideration to the whole of the material on the record and having examined the merits of the case presented both by the Official and Staff Sites, in the light of the entire material and the arguments advanced by the aforesaid representatives of both sides and having taken into account all other relevant factors, including the special features of the case, the Board gives the following Award:-

1. The Three categories of Draftsmen, viz. Grade III, Grade II and Grade I shall be inducted in the Payscales showed hereunder against each of the aforesaid categories:-

Draftsmen Grade III

Rs. 330-560

Draftsmen Grade II

Rs. 425-700

Draftsmen Grade I

Rs. 550-750

2. The above-mentioned categories of Draftsmen shall be fixed notionally in their respective scales of pay as aforesaid from 1.1.1973 in accordance with the recommendations of the 3rd A Commission in respect of weightage and fitment. But for computation of arrears, the date of reckoning shall be the date of recording of disagreement in the Departmental Council viz. 29.7.1977.

3. The arrears of pay which shall be worked out in accordance with the above-mentioned formula shall be paid to the affected employees within 3 months from the date of the receipt of the Award by the Ministry of Labour.”

It is essential, here, to note that, in the CPWD, there were three grades of Draftsman, i.e. Draftsman Grade III, II and I, who possessed the respective qualifications/experience of matriculation with 1 year’s experience, matriculation with 2 years-diploma in draftsmanship and matriculation with 3-year diploma in Engineering. The position may be depicted in a tabulated manner, as under:-

Post

Qualification

Scale as on date of Arbitral Award

Recommended revised scale as per Award

Draftsman Grade III

Matriculation with 1 year’s experience

260-430

330-560

Draftsman Grade II

Matriculation with 2 year-diploma in draftsmanship

330-560

425-700

Draftsman Grade I

Matriculation with 3-year diploma in Engineering

425-700

550-750

As is clear from the operative portion of the Arbitral Award as reproduced hereinabove, the aforementioned scales were directed to be notionally granted wit































































































































































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