SUGAR FEDERATION COMMON CADRE OFFICERS WELFARE & TECHNICAL ASSOCIATION (REGISTERED), JAGRAON Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed by the Sugar Federation Common Cadre Officers' Welfare and Technical Association (Registered) through its President. It is aggrieved against the orders dated 1.8.2005 (Annexures P-12 and P-13) whereby Managing Director of Punjab State Federation of Cooperative Sugar Mills Ltd. (for short 'SUGARFED') has communicated the decision of General Managers dated 25.7.2005. On the basis of the decision taken, it was decided to frame a Uniform Policy of charging House Rent and Electricity Charges from the Common Cadre Employees and Mill Cadre Employees. All the General Managers of the SUGARFED have been advised to charge the House Rent allowance and electricity charges from the Common Cadre Staff as well as the Mill Cadre Staff of SUGARFED. By letter (Annexure P-13), all General Managers have been directed to withdraw the petrol charges which were earlier being paid to the cane staff. It has also been decided that petrol charges will be paid as per the percentage of the Cane availability achieved by the concerned Cooperative Sugar Mills. By circular letter dated 22.4.1999 (Annexure P-4), a decision taken by the State of Punjab on the subject of rate of licence fee for Punjab Government Accommodation and withdrawal of rent free accommodation facility was communicated to all the Heads of Department in the State of Punjab. The decision was also made applicable to employees of all Public Undertakings, Corporations, Boards, Local Authorities/Universities and all other Institutions by whatever name it is called which were working under the control of the State Government irrespective of the fact whether they receive any aid from the State of Punjab or not. In this decision, it was also provided that where facility of rent free accommodation and supply of water/electricity has to be allowed under some constitutional obligations and concerned administrative department will refer the cases to the Finance Department by 30.4.1999. The decision was made effective from 1.4.1999. Recoveries of house rent/licence fee were directed to be made at the new rates w.e.f. April, 1999. By letter dated 9.6.1999 (Annexure P-5), it was further directed that the deduction of house rent (licence fee) would be restricted to 5% instead of 10% of the pay. However, the order regarding withdrawal of concession for rent free house was stayed, till the matter had been looked into de novo. Thereafter, a D.O. Letter dated 10.5.2002 (Annexure P-6) was written by the Chief Secretary to Government of Punjab to the Secretary Cooperative pointing out that some of the Public Sector Undertakings have given higher pay scale and allowance to the employees than the government employees and have also extended perquisites which are not available to their counter-parts in Government service. A decision had, therefore, been taken by the Cabinet Sub Committee of Fiscal Management that pay, allowance and perquisites of employees of public sector undertakings, Local Bodies, Corporations and other public and quasi-public Institutions shall not be higher than their counterparts in the Government service. It was brought to the notice of the Secretary (Cooperation) that the decisions of the Sub- Committee are the decisions of the Council of Ministers for all intents and purposes, and therefore, the same should be implemented. These directions were circulated to SUGARFED, by letter dated 17.5.2002. On 1.1.2003, the Registrar, Cooperative Societies informed the SUGARFED that the directions of the Government with regard to withdrawal of free accommodation, electricity etc. have not been implemented. The SUGARFED was directed to implement the instructions of the State of Punjab. On the basis of the aforesaid instructions, by letter dated 28.3.2002 (Annexure P-9), the SUGARFED issued directions to the Managing Directors of all the Cooperative Sugar Mills for implementation of the decisions taken by the Government. Against this, the petitioner-Federation submitted a representation dated 14.5.2003 (Annexure P- 10). The representation was rejected by the respondents, without passing any speaking order. Reminders sent by the Federation were also ignored. CWP No. 13105 of 2003 was filed by some employees of the Sugar Mills. The petitioner also filed CWP No. 8224 of 2004. CWP No. 13105 of 2003 was disposed of by a Division Bench of this Court by order dated 19.5.2005 with the following observations :-

(2.) We may also notice here that the term of office of the Board of Directors of SUGARFED had expired on 2.1.2005. Therefore, Registrar, Cooperative Societies had been appointed Administrator of the SUGARFED for a period of six months or till the new Board is selected whichever is earlier by order dated 20.1.2005. On 25.7.2005, a meeting of all the General Managers of the Cooperative Sugar Mills was held to frame a uniform policy of charging house rent and electricity charges from the common cadre employees and Mill cadre employees. The aforesaid decision taken by the General Managers was communicated to all the Managers by letters dated 1.8.2005 (Annexures P-12 and P-13). The Managers were directed to charge the employees under various heads on the following rates w.e.f. 1.8.2005 :- <FRM>JUDGEMENT_133_LAWS(P&H)9_2005.htm</FRM>

(3.) We have heard the learned counsel for the petitioner at length and perused the paper-book.