WELFARE ASSOCIATION OF ELECTRONIC TRADE & TECHNOLOGY DEVELOPMENT CORPORATION OFFICERS Vs. UNION OF INDIA

JUDGEMENT

(1.) NO one is present on behalf of the parties although it is 3.15 P.M. This matter is effective Item No. 5 on the Regular Board of this Court. I have therefore perused the record and am proceeding to decide the matter.

(2.) BY this writ petition, the petitioner, which is an association of employees of the respondent No. 3/employer, seeks fixation of particular pay scales. The relief clauses of the writ petition read as under:

(3.) THE Supreme Court in its recent judgment in the case of Indian Drugs & Pharmaceuticals Ltd. Vs. Workmen, Indian Drugs & Pharmaceuticals Ltd., (2007) 1 SC 408 held that courts cannot step in and fix salaries of employees of an organisation because the employer knows best its financial conditions and other circumstances for deciding about what should be the payments made to its employees. The Supreme Court has cautioned against taking over of executive functions because courts are ill-equipped to do so. The Supreme Court further observed that certain decisions are best left with the executive and the administration. The relevant observations of the Supreme Court are contained in paragraphs 16, 18, 37 and 40 and which read as under: