ARBIND KUMAR Vs. STEEL AUTHORITY OF INDIA LTD

JUDGEMENT

(1.) THE Petitioners, who are the employees of Bokaro Steel Employees Co -operative Credit Society, originally filed this writ application seeking issuance of appropriate writ directing the Respondents to release the full dearness allowances i.e. 0.67% and 0.55% respectively according to the index which has been withheld from November, 96 and further for payment of difference of the dearness allowance from November, 96. By amendment petition the Petitioners have challenged the decision dated 29.1.99 taken by the Respondents during pendency of the writ application by which the salary and dearness allowance has been annexed and marked as Annexure 10 to the writ application.

(2.) THE Petitioners ' case is that the Bokaro Steel Employees Co -operative Credit Society was established by Bokaro Steel Plant with the object to encourage the benefit of society including the employees of Bokaro Steel Plant. A Managing Committee was constituted in which the Chief Personnel Manager of Bokaro Steel Plant has been nominated as Chairman of the Society. It is stated that by resolution dated 20.5.81 as contained in Annexure -1 a decision was taken that the pay structure of the employees of the Society will be at par with the employees of Dhanbad Central Co -operative Bank Ltd. The said decision was approved and continued even after revision of scales upto 1994. In terms of the decision and in terms of the slab and on the basis of all India average consumer price index the deamess allowance payable to the Petitioners was assessed on

(3.) IN the counter affidavit filed on behalf of the Respondent Nos. 4 to 6 namely the Society, they have raised the same objection with regard to maintainability of the writ application. The Respondents ' case is that the Petitioners have no statutory right to claim fixation of their dearness allowance on the basis of particular terms of, slab and index. The Cooperative Society being an independent body has every right to fix the pay scale and allowances for its employees. It is contended by the answering Respondents that in similar situation a writ application was filed before this Court for absorption of the employees of the Bokaro Steel City Central Consumer Cooperative Stores being CWJC No. 690/97(R) which was rejected as not maintainable. On the merit of the claim of the Petitioners it is stated in the counter affidavit that the pay scale of the Petitioners has been enhanced and new pattern of dearness allowance has been finalised with effect from 1.1.96 by virtue of Annexure 10 to the writ application. The Managing Committee of the Society in its 118th meeting held on 29.1.99 has discussed and finalised the new wage structure, new pattern of dearness allowance and other allowances. The proposed wage structure and allowances was duly approved by the Joint Registrar, Co -operative Society Government of Bihar. North Chotanagpur Division, Hazaribagh vide memo No. 558 dated 19.6.99. A copy of the said memo No. 558 dated 19.6.99 has been annexed as Annexure B/4 to the counter affidavit. It is further stated that there are about 10 co -operative Societies for similar nature in Bokaro Steel Plant including Respondent No. 4. Out of the above 10 Co -operative Societies, 9 Co -operative Societies are not paying the enhanced pay as claimed by the Petitioners. So far one Co -operative Society is concerned i.e. Bokaro Steel Employees (Operation Mills Zone) Co -operative Society, it is giving enhanced payment to its employees. Last but not the least, it is contended that the Managing Committee of the Co -operative Society is full empowered to finalise the wage structure of its employees time to time.