HMT MACHINE TOOLS LIMITED Vs. JAYARAM V. L.

JUDGEMENT

(1.) Whether selection of a posterior date factored on financial position for implementing the pay scale revision in a sick company to be applicable to those employees who were on the roll of employment on such fixed date, to the exclusion of the segment of employees not in employment on that date having retired, stands valid on the touchstone of reasonableness and rationality, is the question arising to be analysed and answered in this appeal.

(2.) Preferred by original respondents, the challenge in the present appeal is addressed to judgment and order dtd. 4/7/2023 of learned Single Judge. Thereby, the petition filed by the petitioners-respondents herein came to be allowed by setting aside order dtd. 31/3/2014 issued by Union of India, Ministry of Heavy Industriesrespondent No.1. The consequential order dtd. 10/6/2014 issued by appellant No.1-HMT Ltd. was also set aside. Appellant Nos.1 and 2-original Respondent Nos.2 and 3- HMT Machine Tools Ltd. and HMT Ltd. respectively, were directed to extend the benefit of the pay scale revision of 1997 with effect from 1/1/1997 with payment of consequential benefits and the arrears.

(3.) It was to challenge the aforesaid decision, that the petition came to be filed by the petitioners who are the retired employees in the office cadre of respondent No.2- HMT Ltd. and who were superannuated from respondent No.3 subsidiary Company. Petitioner No.1 was earlier working as Assistant Manager and retired on 31/10/2013. Similarly, the other petitioners previously held the post of Deputy Manager, HRD, Deputy General Manager (M), Deputy General Manager (SR), etc. and retired on different dates. It was stated that the respondent No.2- HMT Ltd. was incorporated in the year 1953, which was initially profit making Company, but subsequently declined into incurring of losses.