LexNATIONAL CONFEDERATION OF OFFICERS ASSON. OF CENTRAL PUBLIC SECTOR UNDERTAKING AND ORS. versus UNION OF INDIA AND ORS.
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NATIONAL CONFEDERATION OF OFFICERS ASSON. OF A CENTRAL PUBLIC SECTOR UNDERTAKING AND ORS. v. UNION OF INDIA AND ORS. NOVEMBER 30, 2004 B [ASHOK BHAN AND DR. AR. LAKSHMANAN, JJ.] Sick Industrial Companies Special Provisions Act, 1985 : S. 18-Sick Public Undertakings-Registered with BIFR- C Implementation of revised IDA pay scales under O.M dated 19. 7. 1995- Held, since revival proposal has been approved by BlFR, petitioners would be entitled to same benefits as given in NTC (IDA) Employees Association's case-Constitution of India-Article 32-Labour law-Revised IDA pay sca/8. The Central Government denied the benefits of revised IDA pay scales under O.M. dated 19.7.1995 to those sick public undertaking~ which were registered with the BIFR. Employees of British India Corporation, a Government Undertaking and its two units, represented by petitioner No. I -Association - all the three being sick undertakings and registered with the BIFR- filed the present writ petition contending that in Special Leave Petition No. 16732/97 in the case of National Textile Corporation and its subsidiaries, which were also sick undertakings, the Court by an interim order dated 7.5.1999 granted tile benefits ofO.M. dated 19.7.1995 with effect from 1.1.99 and, therefore, the petitioners were also entitled to similar relief. The stand of the respondents was that the interim order dated 7.5.99 was purely on ad hoc basis subject to ultimate decision and confined to the said case and therefore, the petitioner in the instant case were not entitled to the revised IDA pay scales. In the National Textile Corporation's* case, while disposing of the special leave petition, the Court on 27.9.2002, observed that the BIFR D E F G had formulated schemes which stood approved by all concerned. The Court directed that the Scheme as sanctioned by the BIFR be implemented. In the instant case also, the government oflndia had given H 489 490 SUPREME COURT REPORTS (2004] SUPP. 6 S.C.R. A approval for the revival proposal. The BIFR also approved the scheme to be circulated .11s sanctioned Scheme under Section 18 of the Sick Industrial Compal}ies Special Provisions Act, 1985 and has approved the revival proposal. B Disposing of the writ petition, the Court HELD : In view of the fact that the revival proposal in the instant case has been approved by the BIFR, the petitioners would also be entitled for the same benefits as given to the N. T.C. employees Association in SLP (C) No. 16732 of 1997 by order dated 27.9.2002. It has been C brought on record that the Scheme sanctioned by BIFR would be completed by March 2005 and further talks regarding fixation of pay would be held thereafter. In the circumstances, it is directed that the Scheme as sanctioned by BIFR be implemented so far as the petitioners are concerned. [495-D-F] D E *N T.C. (IDA) Emp. Association v. Union of India and Ors.; SLP (C) No. 16732/97 decided by Supreme Court on 27.2.2002, relied on. CIVIL ORIGINAL JURISDICTION : Writ Petition (C) No. 427 of 1999. Under Article 32 of the Constitution of India. Sanjiv Sen and B.S. Banthia for the Petitioners. F N.N Goswami, Mrs. B. Sunita Rao, Sushi! Kr .. Pathak, Ms. Varuna Bhandari Gugnani and D.S. Mahra for the Respondents. The Judgment of the Court was delivered by DR. AR. LAKSHMANAN, J. : The present writ petition under Article G 32 of the Constitution oflndia is concerning release ofrevised IDA pay scale in respect of the British India Corporation (a Government Undertaking) and its two units situated at Cawnpore Woollen Mills, Kanpur and New Egerton Woollen Mills, Dhariwal (Punja~). The employees of the Cawnpore Woollen · Mills, Kanpur and New Egerton Woollen Mills, Dha~iwal have authorised H the National Confederation of Officers' Association of the Central Public NATIONAL CONFEDERATION OF OFFICERS ASSN. OF C.P.S.U. v. U.0.1. [LAKSHMANAN, J.) 491 -· Sector Undertaking to submit this petition on their behalf in mis Court and, A therefore, the petitioners are jointly submitting this petition. The brief controversy involved in this matter is that by order dated 19. 7 .1995, the Central Government has denied the benefit of revised IDA pay scale to those sick public sector undertakings which are registered with B the BIFR. This Court on dated 7.5.1999 in S.L.P.(C) No. 16732/1997 ordered that the National Textile Corporation and its subsidiaries be given benefits under O.M. dated 1
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