F A C T LTD Vs. KRISHNAN UNNI

JUDGEMENT

(1.) The dispute in this case centres round the application of one of the noble ideals of the Constitution of India as provided under Art.39(d) - "equal pay for equal work" - which principle has of late been interpreted as part of the guarantees under Art.14 and 16 of the Constitution of India.

(2.) The writ petitioners were originally recruited as Junior Engineers in FACT, the respondent in the Original Petition. It is not disputed that Junior Engineers belong to the lowest managerial position in FACT. By Ext. P1 circular, the FACT introduced a higher scale to those who were promoted to the lowest managerial positions on or before 1.1.1984. Petitioners were directly recruited as Junior Engineers on 7.4.1983 and 29.8.1983 respectively. Denial of the higher scale to them in spite of being recruited before 1.1.1984, on the only ground of being not promotees, led them to this Court in the Original Petition.

(3.) The learned Singled Judge, by a detailed judgment, allowed the Original Petition quashing the orders denying the petitioners the benefit of equal pay with the promotees. The learned Single Judge directed the FACT to grant the petitioners the benefit of Ext. P1 circular and fix their pay in the higher scale granted to the promotees. The learned Single Judge also quashed Clause.(f) of Ext. P1 circular so as to extend the benefit of higher scale to all those who were either recruited or promoted to the lowest managerial positions on or before 1.1.1984. Aggrieved, the FACT has taken up the matter in the present Writ Appeal.