JAGOJYOTI ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS writ application is filed by the petitioners for a direction upon the respondents to implement the scale of pay of the officers and managerial staff of the Britannia Engineering Co., Ltd., (Government of West Bengal Undertaking) (hereinafter referred to as the respondent company) as per of West Bengal Services(Revision of Pay and Allowance) Rules, 1990 (hereinafter referred to as the ROPA, 1990) merging Dearness Allowance at 608 point Consumer Price Index and thereafter fixing the pay as per West Bengal Services(Revision of Pay and Allowances) Rules, 1998 (hereinafter referred to as the ROPA 1998) by merging DA at 1510 point of Consumer Price Index.

(2.) BRITANNIA Engineering Company Ltd., started its operation in the year 1979 under private management. The above company declared closure in the year 1970. In the year 1973 the above company went into liquidation. The management of Titagarh unit was taken over by the Government of India under industries(Development and Regulation) Act, 1951, appointing M/s. Westinghouse Saxby Farmer Ltd. to run the management of the above undertaking. The Government of West Bengal acquired the above undertaking on August 1, 1985 and BRITANNIA Engineering Co., Ltd., (Government of West Bengal Undertaking) was created in April 1986 for taking over the assets of the above company. The assets of Titagarh unit of erstwhile BRITANNIA Engineering Co. Ltd., were vested in the respondent company with effect from July 3, 1986 on liquidation. The Board of Directors of the company was appointed by the Government of West Bengal. Out of about 1215 employees of the respondent company 1151 employees approximately were covered under the Tripartite Engineering Wage Settlement. About 64 employees of the level supervisors and above were not covered by the above wage settlements.

(3.) AFTER considering the aforesaid aspects, the Third Pay Commission suggested that the pay-scales of the aforesaid employees of the respondent company were required to be adjusted downwards to bring parity or near parity with emoluments of similar employees of other statutory bodies and corporations under the administrative control of the State Government. The Third Pay Commission recommended rectification of the aforesaid anomaly and recommended grant of scale of pay for various classes of employees of the respondent company in recommending the pay-scales of those employees of the respondent company as aforesaid the Third Pay Commission also put on record that the proposed pay-scales were linked to All India Average Price Index for Industrial Workers (1982 = 100) which stood at 193 on March 31, 1991. The Third Pay Commission suggested on April 1, 1991 as the date of giving effect to its recommendation.