M.S. SAXENA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is filed by the petitioners who are retired employees of the respondent No.2/M/s. Indian Drugs and Pharmaceuticals Ltd. seeking the relief of grant of revised pay-scales as per the fifth pay commission in terms of the judgment of the Supreme Court in the case of Jute Corporation of India Officers' Association vs. Jute Corporation of India Ltd. & Anr., 1990 (3) SCC 436.

(2.) THE petitioners were appointed as officers and supervisors in respondent No.2/ M/s. Indian Drugs and Pharmaceuticals Ltd. (IDPL). They already had retired when the present petition was filed.

(3.) THIS writ petition, in my opinion, is a gross abuse of process of law because the very issue which is being urged and canvassed by the petitioner has also been decided against the petitioner in the aforesaid judgment of the Supreme Court in WP(Civil) No.222/1998 dated 24.7.2003. In the said judgment, the Supreme Court has also dealt with earlier judgment of the Supreme Court in the case of Jute Corporation of India Officers' Association (supra), which is relied upon by the petitioners in the present case, and the Supreme Court has after referring to this judgment in the case of Jute Corporation of India Officers' Association (supra) denied relief to the officers and supervisors of IDPL who were represented through an association.