PARAS NATH MAMMAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners in Writ Petition No. 251 of 1987 are Dairy Mates whereas, those in Writ Petition No. 558 of 1987 are Junior Plant Operatives and Semi-skilled Operatives, all working with the Delhi Milk Scheme. THE first petition is on behalf of about one thousand workers, whereas, the second petition is on behalf of about 280 workers.

(2.) THE grievance of the Dairy Mates is that although they perform the duties and functions of semi-skilled workers, they have ,been wrongly classified as unskilled workers and paid salary as such, as recommended by the 4th Pay Commission namely, Rs. 750-940.00 instead of Rs. 800-1150.00 which is the salary recommended to the semi-skilled workers. THE grievance of the Junior Plant Operatives and Semi-Skilled Operatives is that they are actually doing the work of skilled workers, but are classified similarly as unskilled workers and paid salary as such. Both, further, have a grievance that their counterparts in other departments, particularly in Railways, have been properly classified and are paid salary accordingly.

(3.) "The nature of functions performed by various workmen shows that they require a good degree of skill. In other words, the functions can be performed only by skilled and semi skilled workers and not by unskilled workers. Shri Lajpat Rai Saxena has stated that there are 5 milk pasteurisers and 2 cream pasteurisers in the plant unit of Process Section. There are also two chillers in R.S. M. There are 13 machines in the product section. All these machines can be operated only by skilled workers. He further stated that the bottle filling plant is automatic and the entire working is also automatic. They have got a separate pest control section for cleaning and sweeping. Sweepers of Pest Control Section are not used for cleaning machines which is done only by the SOs, SSOs, JPOs and Dairy Mates. This further goes to show that even the cleaning of machines requires skill and the job cannot be performed by unskilled workers. ,Even the Management of DMS recognises that the duties performed by the mates and junior plant operatives who have been clubbed with the unskilled category of peons, chowkidars etc., are much more onerous in nature and they deserve a better deal . The first petitioners have placed on record a photo copy of the identity card issued to the Mates which shows that the D. Mates were being treated as Technical Personnel for the purpose of issue of identity cards. The job cards annexures 1 to 6 (Vol. 11) further go to show that the mates have been performing skilled/ semi-skilled duties such as repairing of Driver seats vulcanising of punctures, other repairs of vehicles and servicing. All these jobs could not have been done by unskilled workers. Under the circumstances, I have no hesitation in holding that the mates and junior plant operatives have been unfairly treated by the 4th Pay Commission by giving them lowest pay scale of unskilled category of workmen like peons, sweepers, chowkidars etc. This category of workmen definitely deserves to be given a higher grade than the lowest meant for unskilled category of workmen. While it may be conceded that due to the disuse nature of duties, the Diary Mates and Junior Plant Operatives of DMS cannot be compared with the Gangmates in the Railways, yet the case of the Diary Mates and Junior Plant Operatives of the DMS has intrinsic merit. No doubt the workmen categorised as semi-skilled (SSOs) at present are carrying out the functions of Skilled Operatives (SOs) frequently, yet, so are the Mates and JPOs. However, all the workmen cannot be given the grade of SOs because the considerations of career planning (contd. on col 2) and promotions etc. have to be kept in view. Already it is being represented that the various categories of workmen are stagnating in their respective grades for the last 20-25 years. The same complaint. will arise afterwards if all the workmen are given the grades of SO at the same time. It also militates against the principles of sound administration because there will be double jumping of grades, in some category of workmen. It will also not be desirable to create any fresh scales of pay as it would run counter to the recommendations the pay commission which has reduced the number of pay scales prevailing previously."