BHARATH HEAVY ELECTRICALS LIMITED NEW DELHI Vs. BHARATH HEAVY ELECTRICALS LIMITED SUPERVISORY STAFF ASSOCIATION ELECTRONICS DIVISION BANGALORE

JUDGEMENT

(1.) THE management of the Bharath Heavy Electricals Limited (B. H. E. L.) being aggrieved by the order of the learned Single Judge dated 27th September, 1999 in Writ Petition No. 23781 of 1991 has preferred this appeal. The above writ petition was filed by the B. H. E. L. Supervisory Staff Association, represented by its General Secretary. The above writ petition was filed by the first respondent herein for a mandamus directing the management of B. H. E. L. to keep the difference of Rs. 228. 40 at AICPI No. 685 point for the Executives and to revise the h. R. A. and C. C. A. with effect from 1-1-1987 to 19-6-1991 and to give fitment benefits proportionately as stated in the Bureau of Public enterprises (B. P. E.) circular dated 4-4-1990.

(2.) THE background facts of the case, in brief, be noted as follows.-The appellant is one of the public sector undertakings having several divisions all over the country. The employees of the appellant are broadly classified into three categories viz. , Executives, Supervisors and workmen. In most of the public sector undertakings there are only two categories of employees viz. , Executives and Workmen. The wage revision of workmen category is settled always by means of bipartite settlement between the parties. In the case of Supervisors and executives their pay and allowance are unilaterally determined by the bureau of Public Sector Undertakings (BPSU) as per the guidelines issued by the Department of Public Enterprises, Government of India. The Government of India, Department of Public Enterprises vide their official Memorandum dated 4-4-1990, issued guidelines for wage revision in all the Public Sector Undertakings on Industrial Dearness allowance (IDA) pattern with effect from 1-1-1987. The management of the appellant sought clarification from the Government of India, department of Public Enterprises vide its letter dated 24th December, 1990 as to how Dearness Allowance is to be merged in the basic pay in respect of supervisory categories to enable the management to process the proposal for further revision in terms of the guidelines contained in official Memorandum dated 4-4-1990. The Department of Public enterprises had clarified vide their circular dated 31-12-1990 that the actual Dearness Allowance drawn at All India Consumer Price Index no. 685 is to be merged with the basic pay as on 1-1-1987. According to the management, the wage revision was issued vide circular dated 19th june, 1991 strictly in accordance with the guidelines issued by the bpsu. In wage revision of Supervisors and Executives effective from 1-1-1987, the actual Dearness Allowance at AICPI No. 685 drawn by these two categories of employees as on 1-1-1987 has been merged in the new pay structure and this method adopted by the management is in accordance with the guidelines received from the Government of India, department of Public Enterprises.

(3.) IN the backdrop of the above facts, the first respondent-association filed Writ Petition No. 23781 of 1991 praying for the following reliefs: