STATE OF MEGHALAYA Vs. SHILLONG MUNICIPAL EMPLOYEES ASSOCIATION

JUDGEMENT

(1.) The appeal is directed against a judgment and order of March 19, 2020 passed on a petition under Articles 226 of the Constitution of India brought by the first respondent association, which is a body of the employees engaged in the Shillong Municipal Board. By the impugned judgment and order the writ court has, in effect, allowed the prayer in the writ petition that the employees of the Shillong Municipal Board will beSerial No. 01Regular List entitled to the same pay scale and benefits as per the latest pay commission terms pertaining to the Meghalaya government employees.

(2.) The prayer in the writ petition was as follows:

(3.) In the judgment and order challenged herein by the State, the writ court has primarily referred to an industrial award of the year 1971 which, more or less, granted the same pay facilities and benefits, with some minor exceptions, to the employees of the Shillong Municipal Board at par with the State government employees. The writ court held that since such award had not been challenged before any appropriate forum and further since the benefits under the Third Pay Commission in the State had been unilaterally extended by the State to the Shillong Municipal Board employees: