LexJUTE CORPORATION OF INDIA OFFICERS' ASSOCIATION ETC. versus JUTE CORPORATION OF INDIA LTD. AND ANR. ETC.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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JUTE CORPORATION OF INDIA OFFICERS'
ASSOCIATION ETC.
v.
JUTE CORPORATION OF INDIA LTD. AND ANR. ETC.
MAY 3, 1990
[RANGANA1H MISRA, P.B. SAWANT AND
K. RAMASWAMY, JJ.]
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Labour and Services: Public Sector Enterprises-Class I & II
Officers-High Power Pay Committee recommendations-implemen-
C tation of
The High Power Pay Committee appointed under the directions
of this Court In respect of the emoluments to be paid to the officers
belonging to Class I and Class II Service employed in different public }
sector enterprises governed by the Central Government pattern of pay
D scales and dearness aUowance, submitted its report on November 2,
1988. When the Central Government did not act expeditiously on that
report the petitioners rited writs for a direction to Implement the
recommendations.
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Disposing of the writ petilions, the Court directed:
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1. The scales of pay and dearness aUowance as recommended in ~
the report would he extended to those employees who' have been
appointed with specific terms and conditions fOr grant of Central D.A.
and those who were already being paid Central dearnes'i allowance. [1009G] -
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2. The employees appointed on or after January 1, 1989 would be
governed by such pay-scales and aUowances as might be decided by the
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Government In its discretion. Those appointed earlier with IDA pattern
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would continue to be governed in accordance with the terms and condi·
tions of their appointment. !too9Hi
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3. The pay re.vision for those employees in respect of whom the
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recommendations were being directed to be implemented would take
place only as and when similar changes were affected for the Central
Government employees. These emp:oyees would, however, continue to
enjoy the option to switch over to the IDA pattern of the scales of pay --J...
etc. on a voluntary basis. hot OBJ
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1006
J.C.I. OFFICERS' ASSCN. v. JUTE CORPN. (SAWANT, J.]
1007
4. The various recommendations made In the report wonld he
implemented with effect from the dates indicated. [1010C]
5. The arrears arising on account of pay, DA and other
allowances etc .• would be adjustable against ad hoc payments made
from time to time. [lOUC]
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ORIGINAL JURISDICTION: Civil Miscellaneous Petition
No. 10864 of 1989.
IN
Writ Petition No. 13044 of 1984 Etc. Etc.
.{
(Under Article 32 of the Constitution of India).
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Kapil Sibal, Additional Solicitor General, Dr. L.M. Singhvi,
Gobinda Mukhoty, K.K. Venugopal, Ms.·Mridula Ray, C.V. Subba
Rao, P.R. Seetharaman, Ranjit Kumar, Asru Bose, Guiab Chandra,
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Sarva Mitter, R. Venkataramani, C. &.mesh, Ms. Urmila Sirur, M.N.
Krishnamani, Sunder Rao, K.R. Nagaraja, V.N. Ganpule, J.D. Jain
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and Chandran-Petitioner in person for the appearing parties.
The Judgment of the Court was delivered by
SAW ANT, J. In all these cases the relief claimed is the
implementation of the recommendations of the High Power Pay Com·
mittee in respect of the emoluments to be paid to the officers belong·
ing to Class-I and Class-II service employed in different public sector
enterprises.
2. Earlier, these employees had approached various High
Courts and this Court against the decision of the Central Government
to switch them over to the Industrial Dearness Allowance pattern and
the incidental steps taken to enforce the said decision. The main
reliefs claimed in those petitions were that (i) the employees should be
permitted to continue to draw the salary in the scales of pay applicable
to them along with the Central Dearness Allowance, (ii) they should
/-. be granted all the benefits of pay revision and revision of other allo-
wances which may be announced from time to time by the Central
Governmerif for its employees, and (iii) there should be. no discrimina-
tion between them and those directly· employed by the Central
Q()_vc::ml?ent and that they should get the same scales of pay and'
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1008
SUPREME COURT REPORTS
[1990] 2 S.C.R.
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allowances for the same types of jobs in accordance with the principle
of "equal pay for equal work".
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During the course of the hearing, on August 24, 1984, this Court
ordered the payment of three additional dearness allowance instal-
ments from August 1, 1983, October 1, 1983 and November 1, 1983 to
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those employees who were on Central pattern of pay-scales and dear-
ness allowance subject to an individual undertaking by each employee ~
that in case such payment resulted in the emplExcerpt shown. Read the full judgment & AI analysis in Lexace.