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High Court Of Rajasthan
Judgename : Govind Mathur
Rajasthan Vidhyut Mazdoor Congress Branch Mahi Jal Vidhyut Pariyojna, Banswara - Appellant
Versus
Rajasthan State Electricity Board - Respondent
S.B. Civil Writ Petition No 1714 of 1991
Decided On : 08/05/2005
Trade Union - Grant of Pay Scale - Trade Union Act, 1926 - Article 39(d) and Article 14 of the Constitution of India - Order dated 15.01.1988
Fact of the Case:
The petitioner, a trade union, sought regular pay scales for its members based on the principle of equal pay for equal work and the provisions of Article 39(d) and Article 14 of the Constitution of India. The respondents had regularized the services of the members but did not grant regular pay scales as per the order dated 15.01.1988.
Finding of the Court:
The court found that the order dated 15.01.1988 created rights for regular pay scales for workcharged/casual/monthly or daily rated employees who completed two years of continuous service, and the respondents were obligated to fulfill this order. The subsequent decision of the Board did not supersede the order dated 15.01.1988.
Issues: The main issue was the non-implementation of the order dated 15.01.1988 for granting regular pay scales to the members of the petitioner union.
Ratio Decidendi: The court held that a right created in favor of workers by the employer under a competent order must be fulfilled, and the respondents were directed to allow regular pay scales to the members of the petitioner union in accordance with the order dated 15.01.1988.
Final Decision: The writ petition was allowed, and the respondents were directed to allow regular pay scales to the members of the petitioner union in accordance with the order dated 15.01.1988 within three months, along with consequential benefits and payment of arrears.
This case involves a trade union representing employees working under the Rajasthan State Electricity Board who sought the implementation of a government order regarding the grant of regular pay scales. The union's members, employed as Vehicle Drivers, Civil Mistris, Lab Assistants, Mistris, and Tracers, claimed that they were entitled to regular pay scales from the date of their initial appointment based on principles of equal pay for equal work and constitutional provisions (!) (!) (!) .
The core issue was the non-implementation of an order issued on 15.01.1988, which mandated the regularization of certain workcharged, casual, monthly, or daily-rated employees who had completed two years of continuous service, and the grant of regular pay scales from specified dates. The union contended that their services had been regularized as per the order, but they had not received the corresponding pay scales from the dates specified in the order (!) (!) (!) .
The respondents argued that their services had been regularized and that they had been granted pay scales accordingly, but the court found no evidence that the order of 15.01.1988 had been superseded by subsequent orders. The court emphasized that a competent order creating rights for workers must be fulfilled and that the respondents were obligated to implement the order fully, including granting the regular pay scales from the appropriate dates (!) (!) (!) .
Furthermore, the court noted that although the Board had later approved a decision on 05.06.1989 extending benefits, this did not supersede the original order. The court held that the original order was still in force and conferred enforceable rights on the workers. As a result, the court directed the respondents to implement the order completely, granting the regular pay scales to the union members in accordance with the original directive, along with consequential benefits and arrears, within three months (!) (!) (!) .
In conclusion, the court allowed the writ petition, ordering the respondents to comply with the original order of 15.01.1988 and to provide the workers with the regular pay scales and benefits due from the specified dates.
Govind Mathur, J.-The petitioner, a trade union registered under the Trade Union Act, 1926,
preferred the present writ petition espousing the cause of its members named in Schedule-A appended
with the writ petition with regard to grant of pay scale to them from the date of their initial
appointment on the posts they are holding.
2. The members of the petitioner union named in Schedule-A are working on the post of Vehicle Driver, Mistri Civil, Lab Assistant, Mistri and Tracer under the control of the Superintending Engineer (Generation), Mahi Hidal Project, Banswara.
3. The members named in Schedule-A entered in the services of the respondents on various dates, all prior to July, 1982. The services of the members of petitioner union stood confirmed by the respondents on the post they were holding under the orders dated 15.01.1988 (Annexure P/5) and the order dated 16.01.1988 (Annexure P/6). By those orders the members of the petitioner union cause of whom is espoused by this writ petition were also allowed regular pay scale i.e., of Rs. 925-1800. The
grievance of the petitioner union is that the pay scale of the post they are holding was not given to them from the date of their initial appointment. The petitioner union has founded its claim with regard to grant of regular pay scale to its members from the date of their initial appointment on the basis of principle of equal pay for equal work in light of provisions of Article 39(d) read with Article 14 of the Constitution of India. The petitioner union also contended that its members became entitled for grant of regular pay scale at least immediately on completion of two years of service. To substantiate this contention the petitioner union placed on record an order dated 15.01.1988 passed by the Secretary, Rajasthan State Electricity Board, Jaipur. The order dated 15.01.1988 was placed on record by the petitioner alongwith an additional affidavit sworn in by Shri Dinesh Kumar Mishra, the Secretary of the petitioner union on 18.03.2002. The copy of the additional affidavit alongwith copy of the order dated 15.01.1988 was supplied to the respondents on 14.03.2002. The order dated 15.01.1988 reads as under:-
“Rajasthan State Electricity Board
No. RSEB/Karmik/F. 20 (2) D. 73 Jaipur, 15.01.1988
Order A Screening Committee was constituted vide order No. RSEB/Karmik/F. 20(2) 1806 Dated 26.09.1983 to adjudge the suitability of workcharged/casual-monthly or daily rated workman in accordance with the criteria and procedure laid down therein. The same committee is hereby further authorised to screen those workcharged/casual-monthly or daily rated workmen who have completed 2 years continuous services as on 31.03.1983 or thereafter and are continuing in Boards service, the adjudge there suitability for regularisation and grant of regular Pay Scale as under:-
Classification Period of ServiceDate from which regular pay scale is to be given
.(A) Those who have completed continuous service upto/as on 31.03.1983 and have been continuous in Boards services thereafter. 01.04.1983
.(B) Those who have completed 2 years continuous service upto/as on 31.03.1984 and have been continuing in Boards service thereafter. 01.04.1984
. (C) Those who have completed 2 years continuous service upto/as on 31.03.1985 and have been continuing in Boards service thereafter. 01.04.1985
.(D) Those who have completed 2 years continuous service upto/as on 31.03.1986 and have been continuing in Boards service thereafter. 01.04.1986
.(E) Those who have completed 2 years continuous service upto/as on 31.03.1987 and have been continuing in Boards service thereafter. 01.04.1987
Before adjudging the suitability of these persons the Committee will identify each such workman as to whether these have been engaged against the job of regular/permanent nature or they were recruited only for some temporary jobs required for specific period which may, for one reason or other, have continued beyond the period originally specified.
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