INDIAN RARE EARTHS LTD Vs. PRAMOD CHANDRA PANIGRAHI

JUDGEMENT

(1.) This appeal is against the judgment of the Orissa High Court dated 18.11.1998. Briefly stated, the facts are as follows: Respondents 1 and 2 were working in the petitioner Company. In 1993 they received promotions and the pay scale now given to them was Rs. 625-45-850-50- 1600. They filed a writ petition in the High Court claiming that this scale was a non- existing scale and that the next scale for promotion for them was the scale starting at Rs. 900. They claimed that the other workmen had been promoted to the scale of Rs. 900 and, therefore, they were also entitled to the same scale.

(2.) It appears that the arguments in the writ petition were over by 24.11.1997. However, the judgment was delivered only on 18.11.1998. The High Court has allowed the writ petition and directed that the respondents be fitted into the scale of pay starting at Rs. 710-1335. Hence this appeal.

(3.) It has been pointed out to us that the conclusion of the High Court that there was no existing pay scale of Rs. 625.00 is not correct. A settlement dated 9.08.1986 between the representative union and the appellants is shown to us. In that settlement there is a scale starting at Rs. 625.00. Thereafter there is another settlement arrived at on 8.08.1990. By this a promotional policy was introduced with effect from 1.07.1988. A third settlement was arrived at on 25.09.1992. In this settlement the scale starting at Rs. 625.00 was revised to Rs. 1460.00. Thus, it is clear that in 1993, when the petitioners filed the writ petition there was an existing scale of Rs. 625.00.