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Employees of Engineers India Ltd. and Another Vs. Engineers India Ltd. and Another

Employees of Engineers India Ltd. and Another vs Engineers India Ltd. and Another

Type Court Judgment Court Supreme Court of India Decided Mar 30, 1987
~1 min read
https://sooperkanoon.com/case/662891

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Citation
Court
Supreme Court of India
Judge
Decided On
Case Number
Civil Miscellaneous Petition Nos. 1117 and 7556 of 1987 (in Writ Petitions Nos. 12655 and 13044 of 1
Subject
Service

Case Summary

AI-generated summary - not the official court judgment text.

Service - dearness allowance - Service Law - memorandum issued by Government for payment of additional dearness allowance and other relief to employees on basis of report by High Power Committee - cut off date 01.01.1986 specified in said memorandum - Court observed that there was no justification for specifying dat...

Key legal issue
Service

Parties & Advocates

Appellant / Petitioner

Employees of Engineers India Ltd. and Another

Respondent

Engineers India Ltd. and Another

Legal References

Reported In
JT1987(3)SC59; 1987Supp(1)SCC586

Excerpt

service - dearness allowance - service law - memorandum issued by government for payment of additional dearness allowance and other relief to employees on basis of report by high power committee - cut off date 01.01.1986 specified in said memorandum - court observed that there was no justification for specifying date - employees of all central government undertaking following central government scales and dearness allowance will not be subjected to any such condition under clause (iv) of memorandum. - indian penal code, 1890 sections 300 & 307: [dr.arijit pasayat, lokeshwar singh panta & p.sathasivam,jj] murder proof - accused persons allegedly assaulted deceased with sword - evidence of brother of deceased relating to attack on deceased and taking of deceased to hospital was corroborated by oral and documentary evidence - post mortem report showed that eight curved and cut injuries on the body of deceased - brother of deceased having no reason to falsely implicate accused -there was evidence of independent and unrelated witnesses -they were reliable and natural witnesses held, conviction of accused is proper.ordera.p. sen, j.1. learned counsel appearing for the union of india places before us a copy of office memorandum dated march 19, 19 87 issued by the government of india, ministry of finance. bureau of public enterprises providing for payment of additional dearness allowance and interim relief to employees of the central government undertakings on the basis of the report submitted by the high power committee, subject to certain modifications. we however find no discernible basis or lawful justification for the cut-off date january 1, 1986 specified in clause (iv) of the said memorandum. we accordingly direct that the employees of all central government undertakings following the central government scales and dearness allowance pursuant to this court orders issued prior to that date, will not be subjected to any such condition as mentioned in clause (iv) of the memorandum.2. employees of all central government undertakings governed by the central government pay-scales and dearness allowance shall be continued to be governed by the terms of the aforesaid memorandum issued by the govt. of india as modified by this order subject to such directions as the high power committee may issue from time to time.3. civil misc. petitions are disposed of accordingly.

Full Judgment

ORDER

A.P. Sen, J.

1. Learned Counsel appearing for the Union of India places before us a copy of office memorandum dated March 19, 19 87 issued by the Government of India, Ministry of Finance. Bureau of Public Enterprises providing for payment of additional dearness allowance and interim relief to employees of the Central Government Undertakings on the basis of the report submitted by the High Power Committee, subject to certain modifications. We however find no discernible basis or lawful justification for the cut-off date January 1, 1986 specified in Clause (iv) of the said memorandum. We accordingly direct that the employees of all Central Government Undertakings following the Central Government scales and dearness allowance pursuant to this Court orders issued prior to that date, will not be subjected to any such condition as mentioned in Clause (iv) of the memorandum.

2. Employees of all Central Government Undertakings governed by the Central Government pay-scales and dearness allowance shall be continued to be governed by the terms of the aforesaid memorandum issued by the Govt. of India as modified by this order subject to such directions as the High Power Committee may issue from time to time.

3. Civil Misc. Petitions are disposed of accordingly.

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