RABINDRANATH MURMU Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner nos. 1 to 5 are officers of Bangiya Gramin Vikash Bank which was earlier known as Mallabhum Gramin Bank (hereinafter referred to as the said Regional Rural Bank). The petitioner nos. 6 and 7 are respectively the Officers' Union and the President thereof of the said Regional Rural Bank. The Sponsor Bank of the said Regional Rural Bank is United Bank of India. They have prayed, inter alia, for issuance of writ of mandamus directing withdrawal of circular dated 21st October, 2005 issued by the said Regional Rural Bank on the subject of implementation of revised pay scales and payment of increased salary thereof to the officers and workmen in terms of Government of India, Ministry of Finance order dated 06th October, 2005.

(2.) Mr. Basu, learned senior advocate appeared on behalf of the petitioners and submitted, by this circular the fitment given to officers of the said Regional Rural Bank in effecting parity with the officers of the said Sponsor Bank was sought to be undone. Referring to the affidavit-in-opposition affirmed by the respondent no.6 on behalf of the respondent nos. 4 and 5, Mr. Basu submitted it was the case of the respondent no.5 that in the matter of two writ petitions filed before the Supreme Court of India, the order was made on 1st September, 1987 to the effect the Central Government shall constitute a National Industrial Tribunal and refer salary structure of Regional Rural Bank employees who were demanding parity with employees of their Sponsor Banks on the principle of equal pay for equal work, to it. Pursuant to the said order the Government of India by its notification dated 26th November, 1987 appointed the National Industrial Tribunal (NIT) and referred the dispute to it. The NIT pronounced its award on 30th April, 1990 but as regards equation of posts and fixation of pay, allowances and other benefits the said Tribunal directed that was a matter which had to be decided by the Central Government in consultation with such authorities as it may consider necessary. Following such direction the said award could not be implemented, so the Government constituted an Equation Committee (NIT Cell) to make appropriate recommendations. The Equation Committee (NIT Cell) arrived at decisions which were reported on 16th March, 1991. Such decisions also covered the cases of employees/officers promoted after the appointed date, i.e. 1st September, 1987 (the date of order made by the Hon'ble Supreme Court as aforesaid). The said decisions were reconsidered by the Equation Committee (NIT Cell) on 30th April, 1993.

(3.) It is the petitioners' case that on receipt of Government of India order dated 22nd February, 1991 instructing implementation of the award of the NIT and pursuant to clarifications dated 30th April, 1993, made by the Equation Committee (NIT Cell), the said promotee employees fixation of pay in Sponsor Bank pay scale of clerical cadre as on the said appointed date, i.e. 1st September, 1987, was made.