ANJUMAN I ISLAM Vs. ASHRAF ALI CHOUDHARY

JUDGEMENT

(1.) THE appeal is preferred against the order of the single Judge dismissing the appellant's writ petition.

(2.) THE appellant runs a number of schools, colleges and other educational charitable organisations. For the purposes of its management thereof it also runs a secretariat. The 1st respondent was appointed as an accounts clerk in the secretariat on 2nd January, 1965. He was then promoted and given scale of pay accordingly, with which we arc not really concerned. On 6th November 1971 a meeting was held by the Finance Committee of the appellant which discussed the payment to the staff of the appellant's secretariat salary as recommended by the badkas Pay Commission, which had been notified by the State Government on 30th August, 1969. It was resolved that "the staff of the Anjuman Secretariat be paid as per scales laid down by Badkas Commission as well as allowances announced by the Education Department from time to time". A further resolution was passed by the Finance Committee on 26thnovember 1973 in regard to the request of the staff of the secretariat for payment of arrears of increase in dearness allowance with effect from 1st September 1972 as sanctioned by the Government for staff of the secondary schools. It was resolved that "in future whenever an increase in dearness allowances was announced by the Education Department the same should automatically be made applicable to all such members of the staff but only from the dale of announcement". On 29th april 1978 there was a notification of the scales recommended by the Bhole Pay Commission. Which replaced those of the Badkas Pay Commission. What is relevant to note is that the scale of Rs. 300-20-460-75-510 (which was being drawn on 1st April 1977 by the 1st respondent)became by virtue of the Bhole pay Commission's report, the scale of Rs. 600-30-750-40-950.

(3.) ON 9th January 1980 the 1st respondent made an application to the Labour Court under the provisions of Section 33-C (2) of the Industrial Disputes Act and prayed that he should be paid his salary according to the recommendations of the Bhole Pay Commission. The appellant disputed the claim and contended that its secretariat had nothing to do with schools and colleges and such other educational institutions and hence the pay scales and other benefits recommended by the Bhole Pay Commission and adopted by the Government were not applicable to the secretariat. Evidence was led before the Labour Court. The Labour Court came to the conclusion that the claim of the 1st respondent was justified but could not be allowed as claimed from 1st april 1976 having regard to the resolution of the Finance Committee of the appellants dated 26th november 1973. The Labour Court directed the appellant to pay to the 1 st respondent his dues, giving benefit to him of the Bhole Pay Commission recommendations, with effect from 29th april 1978. The appellant was directed to prepare a statement in this behalf and to file it before the Commissioner of Labour, Bombay, and to make payment accordingly, failing which the appellant would be liable to pay on the basis of the statement prepared and produced before the commissioner of Labour by the 1st respondent.