LexMINERAL EXPLORATION CORPORATION. LTD. versus ARVIND KUMAR DIXIT AND ANOTHER
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• [2014] 11 S.C.R. 255 MINERAL EXPLORATION CORPORATION. LTD. v. ARVIND KUMAR DIXIT AND ANOTHER (Civil Appeal No. 10697 of 2014 etc.) DECEMBER 03. 2014 [VIKRAMAJIT SEN AND PRAFULLA C. PANT, JJ.] A B Service law - Wage revision - Benefit of - Government letter that wage revision due from 01.01.1997, would be effective qua employees in service on 01.04.2003 - C Challenge to, by respondents who voluntarily retired prior to 01 04.2003 but subsequent to 1997 since they were not covered for the purposes of wage revision - Tribunal holding that since the employees who retired on or after 01.04.2003 entitled to the actual benefits of the wage revision and D employees who retired on or before 01.04.2003 to be given similar treatment by revision in notional pay - Upheld by the High Court - Held: On facts, cut-off date-01.04.2003 for granting wage revision, neither arbitrary nor violati•·e of Art. 14 of the Constitution - Order of the High Court and the E tribunal set aside. Allowing the appeals, the Court HELD: The Central Administrative Tribunal and the High Court erred in law in allowing the wage revision F benefits to the employees, who were not covered either under communication dated 8.8.2006 issued by the Government of India or the consequential Office Order dated 25.8.2006 whereby the wage revision is implemented. The cut-off date, i.e., 1.4.2003 for granting G wage revision, in the facts and circumstances of the instant case is neither arbitrary nor violative of Article 14 of the Constitution. The employees, who were superannuated or voluntarily retired prior to 01.04.2013 255 H 256 SUPREME COURT REPORTS [2014] 11 S.C.R. A from appellant-Corporation, are not entitled to notional wage revision as directed by the Central Administrative Tribunal, and the High Court. Therefore, the judgment of the High Court and that of the Central Administrative Tribunal are set aside. [Paras 15, 18, 19] [266-8-C; 267-E- B G] A.K. Bindal and another v. Union of India and others 2003 (3) SCR 928:(2003) 5 SCC 163; Officers & SupeNisors of ID.PL v. Chairman and & M.D, 1.0.P.L. and others 2003 (1) Suppl. SCR 720:(2003) 6 SCC 490; State of Punjab and C others v. Amar Nath Goyal and others 2005 (2) Suppl. SCR 549:(2005) 6 SCC 754; Sudhir Kumar Consul v. Allahabad Bank 2011 (2) SCR 1119:(2011) 3 SCC 486 - referred to. D E Case Law Reference: 2003 (3) SCR 928 Referred to Para 13 2003 (1) Suppl. SCR 720 Referred to Para 14 2005 (2) Suppl. SCR ~49 Referred to Para 16 2011 (2) SCR 1119 Referred to Para 17 CIVIL APPELLATE JURISDICTION : Civil Appeal No. 10697 of 2014. From the Judgment & Order dated 30.03.2012 of the High F Court of Judicature at Bombay, Nagpur Bench in Writ Petition No. 3116 of 2011. WITH C.A. Nos. 10698, 10699, 10700, 10701, 10702, 10703, 10704 G and 10705.of 2012. Gourab Banerji, T.G. Narayanan Nair, K.N. Madhusoodhanan for the Appellant. P .D. Meghe, S.A. Desai, Anagha S. Desai, S. Kumar for H the Respondents. • • MINERAL EXPLORATION CORPORATION. LTD. v. 257 ARVIND KUMAR DIXIT The Judgment of the Court was delivered by A PRAFULLA C. PANT, J. 1. Leave granted. 2. These appeals, by way of special leave petitions. are directed against judgment and order dated 30.3.2012, passed B by the High Court of Judicature at Bombay, Nagpur Bench, whereby writ petitions, challenging order dated 4.8.2010 delivered by Central Administrative Tribunal, Bombay, in Transferred Application Nos. 2001 of 2009, 2002 of 2009 and 2004 to 2035 of 2009, were disposed of. In said order the Tribunal has extended actual financial benefits to the applicants C (present private respondents} by holding that they cannot be denied benefit of 'Wage Revision' by notional fixation and re- computation of their retiral dues (severance package). 3. We have heard learned counsel for the parties at length. D 4. In the above appeals, following common question of law is raised: - Whether wage revision implemented with effect from 1.4.2006 to employees of Mineral Exploration Corporation E Limited, who were superannuated/ voluntarily retired from service on or after 1.4.2003, is also applicable to those employees of the Corporation who were superannuated/ voluntarily retired before said date (1.4.2003), particularly, when no benefit whatsoever is paid to any employee prior F to the. cut-off date, i.e., 1.4.2003. In other words, whether fixing cut-off date 1.4.2003
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