MURLI GOPE Vs. DAMODAR VALLEY CORPN

JUDGEMENT

(1.) In both the applications, prayer has been made by the petitioners for directing the respondent nos. 1 to 7 to make provisional payment of Group 'D' scale, which is the lowest grade in respondent-Damodar Valley Corporation (DVC for short) or to pay salary at least equal to contractor workers for which the respondents have agreed in Tripartite Settlement dated 7.12.2011. In the applications, it has been claimed that the petitioners are entitled to get at least lowest grade in respondent-DVC i.e. Group 'D' and they are entitled to get monthly pay in that grade. The pay of Group 'D' in DVC is Rs. 16,366/- per month. Alternatively, the petitioners claimed salary/benefits of pay at least equal to contractor workers for which the Management has agreed in Tripartite Settlement dated 7.12.2011. The petitioners have also made alternative claim for payment of salary equal to the salary of the Canteen employees at different units like Durgapur Thermal Power Station, Durgapur (DTPS for short).

(2.) Learned counsel, appearing on behalf of the petitioners, submitted that the respondent-Management has been paying much lesser amount to the petitioners in comparison to the benefit of pay given to the lowest grade Group 'D' employees and what is being paid to the canteen employees elsewhere by the DVC. Learned counsel submitted that the respondents are not even paying their salary at the rate-which has been agreed upon in Tripartite Settlement dated 7.12.2011.

(3.) The respondents have opposed the applications by filing replies. It has been stated, inter alia, that the petitioners are not entitled to the relief sought for. The petitioners are not at par with the Canteen workers of Durgapur Thermal Power Station (DTPS for short), who have been absorbed as regular employees after abolition of contract labour system by notification dated 22.12.1995.