SEE (DSIDC) Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER is an association of retired and serving employees of Delhi State Industrial and Infrastructure Development Corporation (DSIDC). By this writ petition, relief is sought for introduction of a pension scheme for employees of DSIDC.

(2.) ORIGINALLY , recommendation was made by DSIDC and approval of the Government was sought, however, the Government vide its letter dated 16.3.2000 said that benefit of pension scheme cannot be given to autonomous bodies by the government making contribution. The said letter reads as under:-

(3.) THERE also cannot be direction against an unwilling employee because the Supreme Court has in a number of cases held that Courts cannot decide pay packages which are to be given to employees of an organization. It is settled law that the employer-organization knows best of the availability of finances with it to decide various schemes of seeking of regularization or fixing of pay-scales or giving other monetary benefits to its employees. It has been held that Courts should not step in and direct payment of a particular monetary emolument to the employees. A recent judgment of the Supreme Court in this regard is in the case of Indian Drugs and Pharmaceuticals Ltd. vs. Workman, Indian Drugs and Pharmaceuticals Ltd. (2007) 1 SCC 408. The relevant observations of Supreme Court in the case of I.D.P.L (supra) read as under:-