HARYANA WAREHOUSING CORPORATION GODOWN KEEPERS/ACCOUNTS CLERKS UNION AND ORS. Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) This order shall dispose of the above said two writ petitions. Since common questions of law and facts are involved therein, they are being disposed of by this common order. CWP No. 16296 of 1995 has been filed by the Haryana Warehousing Corporation Godown Keepers/Account Clerks Union claiming that the Godown Keepers should be granted the higher pay scale of Rs. 1400-2300 w.e.f. 01.01.1993. Thereafter some of the members of the Union filed CWP No. 12895 of 1998 claiming pay scale of Rs. 1200-2040 w.e.f. 1.1.88. Learned counsel for the corporation has argued that the petitioners in the later petition would have to elect which remedy they want because otherwise it would tantamount to the same party seeking different reliefs in different writ petitions. As per him the claim made in CWP No. 12895 of 1998 would be barred by constructive res judicata since the union of these writ petitioners had filed an earlier writ petition and had not raised this claim. Learned counsel for the petitioners in CWP No. 12895 of 1998 has accepted this argument and has elected to abide by the decision given in CWP No. 16296 of 1995. Therefore, CWP No. 12895 of 1998 has been rendered infructuous.

(2.) In CWP No. 16296 of 1998 the claim made was that by resolution dated 01.01.93 the board of directors had approved the grant of pay scale of Rs. 1400-2300 to the Godown Keepers but the Haryana Bureau of Public Enterprises illegally restricted the benefit. Learned senior counsel has relied upon a decision of this Court in Uttar Haryana Bijli Vitran Nigam and others v. Pawan Kumar, LPA No. 383 of 2014 decided on 18.02.2015 wherein this Court has already held that every company or corporation is an independent body and the Haryana Bureau of Public Enterprises does not have any jurisdiction for interfering in their matters. Learned counsel for Haryana Warehousing Corporation and the learned Addl. AG are not in a position to counter this argument.

(3.) In the circumstances CWP No. 16296 of 1995 is allowed and it is directed that the godown keepers would be entitled to the pay scale of Rs. 1400-2300 w.e.f. 01.01.93 with all consequential benefits. Let the necessary exercise to work out the dues of the employees and to pay the same to them be concluded within a period of six months from the date of receipt of a certified copy of this order failing which the employees would be entitled to claim the same with interest at the rate of 8% p.a. from the date/s the amount/s fell due till the date of payment. Since the main case has been decided, the Civil Misc. Application, if any, also stands disposed of.