UOI Vs. SANJAY KUMAR

JUDGEMENT

(1.) Relevant dates may be noted. 15.9.1997 is the date when the Prasar Bharti (Broadcasting Corporation of India) Act 1990 was notified with 23.11.1997 being notified as the appointed date being the date where from the erstwhile Civil Servants under the Union of India in the Ministry of Information & Broadcasting were to be treated as on deputation with Prasar Bharti. It be noted that activity of broadcasting through the visual and audio media i.e. radio and television which hithertofore was with the Union Government was transferred to a statutory corporation. Vide Section 11 of the Act these employees could opt for service under Prasar Bharti failing which they were to be treated as Central Government Employees and on deemed deputation with Prasar Bharti.

(2.) Issues arose, as they usually do in India, and in particular when the Government tries to corporatize itself. The reason is obvious, as Civil Servants Constitutional Protections are available and as employees of statutory corporations only statutory protections as per the relevant statute are applicable. Besides, the lazy are wary of corporatization for corporatization brings along the corporate culture of work ethics.

(3.) Thus, the Central Government Employees in the Ministry of Information & Broadcasting did not opt for service under Prasar Bharti and negotiations were held between the Management and the Union to break the impasse. With effect from 25.2.1999 Prasar Bharti decided that employees of the Ministry of Information & Broadcasting working under it, on permanent absorption under Prasar Bhati would be given wages in the scale Rs.6500-10500 as against the scale Rs.5000-8000 which was their entitlement as employees of the Ministry of Information & Broadcasting.