BHAVNAGAR MUNICIPAL CORPN Vs. DL MAKWANA

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India, the petitioner - Bhavnagar Municipal Corporation has prayed for appropriate writ, order and/or direction quashing and setting aside the impugned judgement and award dtd.31/5/2003 passed by the Industrial Tribunal, Bhavnagar in Reference (IT) No.104 of 2000, by which the tribunal partly allowed the said reference directing the petitioner Corporation to put the respondents herein - concerned workmen in the pay scale of Rs.2000-3200 w.e.f. 1/10/1990 (at the time of implementation of the recommendation of the 4th Pay Commission) and to pay 40% arrears for the period between 1/10/1990 and the concerned respondents got promotion to the post of Dy.Executive Engineer were put in the pay scale of Rs.2200-4000.

(2.) All the respondents - concerned workmen were appointed as Supervisors in the year 1985 with the petitioner Corporation and were at the relevant time put in the pay scale of Rs.500-930. On recommendation of the 4th Pay Commission in the year 1990 w.e.f. 1/1/1986, the respondents - concerned workmen were put in the corresponding pay scale of Rs.1640-2900 and at the time of implementation of the 5th Pay Commission w.e.f. 1/1/1996, they were put in the corresponding pay scale of Rs.5500-9000. It appears that when the respondents herein - concerned workmen were put in the pay scale of Rs.500-930, at the time of implementation of the recommendation of 3rd Pay Commission, certain other officers, who were in the same cadre but working as Head of the Department, were put in the pay scale of Rs.560-1040. Consequently, on implementation of the 4th Pay Commission and 5th Pay Commission, the concerned workmen - respondents herein were put in the corresponding pay scale of Rs.2200-4000 and Rs.8000-13,500, respectively. It appears that thereafter, after a period of almost 16 years of putting the respective respondents - concerned workmen in the pay scale of Rs.1640-2900 while implementation of the recommendation of the 4th Pay Commission, the concerned workmen - respondents herein, raised industrial dispute for the first time in th year 2000 contending inter-alia that they were wrongly put in the pay scale of Rs.500-930 at the time of implementation of the recommendation of the 3rd Pay Commission and they were wrongly put in the pay scale of Rs.4th Pay Commission w.e.f. 1/1/1986 and they reqeusted that they ought to have been put in the pay scale of Rs.2200-4000 w.e.f. 1/10/1990 like other employees.

(3.) That the industrial tribunal, by the impugned judgement and awards partly allowed the said reference directing the petitioner Corporation to put the respondents herein - concerned workmen in the pay scale of Rs.2000-3200 w.e.f. 1/10/1990 and pay 40% arrears for the period between 1/10/1990 and the concerned respondents got promotion to the post of Dy.Executive Engineer and were put in the pay scale of Rs.2200-4000. Being aggrieved by and dissatisfied with the aforesaid judgement and award, the petitioner Corporation has preferred present Special Civil Application under Article 227 of the Constitution of India.