(1.) The writ petitioners are working in the forest department of these islands under the Corporation namely Andaman and Nicobar Islands Forest and Plantation Development Corporation Limited, being a Public Sector Undertaking. Dispute arose after the recommendation of the Vth Pay Commission with regard to the proper scale of pay for the petitioners. The department of public sector enterprises vide office memorandum dated May 12, 1999 clarified to the following extent.
(2.) As per such clarification, the scale of pay now enjoyed by the officers discharging the identical work for the Central Government working in various forest departments was denied to the writ petitioners. The writ petitioners approached this Court by filing a writ petition No. 094 of 2000. The writ petition was heard and disposed of by the learned Single Judge of this Court on September 15, 2000. While doing so, His Lordship observed that respondent No. 4 and 5, being Corporation, must take a decision with regard to revision of pay scales of the petitioners and if necessary a Pay Committee might be constituted for the said purpose in the light of the Vth Pay Commission Report. While giving such direction, His Lordship categorically observed that, while doing so, such Committee must take into account the decision of the Apex Court in the case of Jute Corporation of India Limited reported in 1990(3) Supreme Court Cases page 436. His Lordship further directed the authority not only to take decision but also implement the same within a period of four months from the date of communication of the said order. The said order of His Lordship was accepted by all the authorities including the Administration as well as the Corporation. No appeal was preferred either by Union of India or by the Corporation. On the contrary the Corporation appointed the Pay Committee to go into the question in terms of the direction of His Lordship. However, the Committee rejected the prayer for revision an the basis of the Central Government's clarification. The Committee observed that the financial benefits in terms of the bonus, provident fund, gratuity, leave encashment etc. payable to the Central Government employees were totally different from the officers working in the said Corporation and as such there was no parity which would entitle the petitioners to get identical pay. The Committee also observed that the judgment of the Apex Court in the case of Jute Corporation of India Limited (Supra) was silent on this point, and accordingly, the representation of the petitioners was rejected.
(3.) The writ petitioners again approached this Court by filing a contempt application being CPAN No. 11 of 2000. The learned Single Judge observed that, since a reasoned order had been passed, the petitioner should challenge such reasoned order and/or report of the Pay Committee independently as the scope of contempt proceeding is very much limited. This order was passed on July 6, 2001. The writ petitioner then filed the second writ application being WP No. 101 of 200. The same came up for hearing before the learned Single Judge and was disposed of by His Lordship by a judgment and order dated October 15, 2001. The learned Single Judge categorically observed as follows :