Municipal Corporation of Delhi Vs. Presiding Officer and anr. - Court Judgment

Excerpt:
- - (1) the water supply and sewage undertaking karamchari union was demanding the revision of pay scales of equivalent post on the basis of pay scales revised in the delhi electric supply undertaking in september, 1967. the delhi municipal corporation vide letter dated august 14, 1967 revised the pay scales of certain categories of posts in delhi electric supply undertaking which were made applicable vide order dated september 6, 1967. the demand of the union was discussed by the commissioner in a meeting held on september 16, 1967 and the request was acceded to the extent that grades of those posts of water supply and sewage disposal undertaking were recommended for revision which were identical to the posts of those grades revised by the delhi electric supply undertaking. 550-20-650-25-800. (3) the stand of the union was that according to the recommendations of the third pay commission, the corresponding revised pay scale for this particular category of workmen was recommended as rs.s.s. chadha, j. (1) the water supply and sewage undertaking karamchari union was demanding the revision of pay scales of equivalent post on the basis of pay scales revised in the delhi electric supply undertaking in september, 1967. the delhi municipal corporation vide letter dated august 14, 1967 revised the pay scales of certain categories of posts in delhi electric supply undertaking which were made applicable vide order dated september 6, 1967. the demand of the union was discussed by the commissioner in a meeting held on september 16, 1967 and the request was acceded to the extent that grades of those posts of water supply and sewage disposal undertaking were recommended for revision which were identical to the posts of those grades revised by the delhi electric supply undertaking. accordingly, by the resolution no. 532 dated july 27. 1970. the pay scale of foreman i.e rs. 210-380 was revised to rs. 325-20-450 2s-475. (2) in the meanwhile, the third pay commission had been constituted with effect from april 23,1970 vide resolution of the government dated april 23, 1970. the recommendations of the third pay commission were notified by the government of india vide gazette of india dated november 13, 1973. the question for implementing the recommendations of the third pay commission in d.w.s. & s.d. undertaking came up for consideration before the corporation. a decision was taken that the revision of the pay scale by the third pay commission had been made with reference to the old grades as existing on january 1, 1973. cases in which revision had been made after january 1, 1973 from old scales was a separate category. so far as this case is concerned, the existing pay scale on january 1. 1973 before the third pay commission in case of foreman was rs. 325-20-^50-25-475. the commissioner vested with the powers of the corporation approved vide resolution no. 112/corporation dated april 21,1975 on the recommendations of d.w.s. & s.d. committee for implementing the recommendations of the third pay commission in w.s. & s.d. undertaking. the corporation approved the revision of the pay scale of foreman category from rs. 325-475 to rs. 550-20-650-25-800. (3) the stand of the union was that according to the recommendations of the third pay commission, the corresponding revised pay scale for this particular category of workmen was recommended as rs. 550-25-750- eb-30-900. an industrial dispute was raised. by the order dated november 12, 1976, the delhi administration referred the industrial dispute between the management of the municipal corporation of delhi (water supply and sewage disposal undertaking) and its workmen (foremen) as represented by water supply and sewage disposal undertaking karamchari union to the industrial tribunal no i for adjudication. the term of reference is as under:- 'whether the foremen are entitled to the pay rs. 550-900 and if so, from which date and what directions are necessary in this respect ?'shri n.l. kakkar, presiding officer, industrial tribunal no. i, delhi by the impugned order dated november 6, 1979 answered the reference and declared that the foremen are entitled to the pay scale of rs. 550-900 with effect from the date when the report of the third pay commission, 1973 came into existence. the award of the tribunal was challenged in this court by a petition under article 226 of the constitution of india by the municipal corporation of delhi. the learned single judge found no ground for interfering with the impugned order of the industrial tribunal dated november 6, 1979 and dismissed the writ petition. (4) the present l p.a. is directed against the judgment of the learned single judge dated january 6, 1982 dismissing the writ petition. at the time of the admission of the letters patent appeal, the division bench called for the decision of april 21, 1975. it shows that the foreman's grade was revised by the corporation to rs. 550-800. the l.p.a was admitted only on the question whether the grade should be rs 550-900 or rs.550-i-00. another argument was addressed at the time of the admission that the foremen were not entitled to any further relief as their pay scales were revised vide resolution no 532 dated july 27,1970 from rs. 210-380 to rs. 325-475. the counsel who was appearing before the division bench was not in a position to show that the scale of rs. 325-475 would bar the foremen from getting any relief in pursuance to the recommendations of the third pay commission. that question was thus not allowed to be agitated in the letters patent appeal. (5) mr. r.p. gupta, the learned counsel for the municipal corporation of delhi has produced before us the original records of the municipal corporation. we are not inclined to express any considered opinion on the merits as we are inclined to set aside the judgment of the learned single judge as also the impugned award of the industrial tribunal no. i, delhi dated november, 6, 1979 and remand the case for determination of the reference dated november 12, 1976 afresh after affording the parties to substantiate their case before the industrial tribunal. (6) prima facie, the corporation in its decision no. 112 dated april 21, 1975 approved the revision of the pay scale of foremen category corresponding to the pay scale of rs. 325-475 to rs. 550-800. yet, a copy of the office order no. 34 dated may 27, 1975 is on the record of c.w.p. 1481/80 and also placed before the industrial which shows that the scale of foreman and head draftsman was revised from rs, 325-475 to rs. 550-900. either there is a typographical error in the two documents or it is a conscience decision of the municipal corporation of delhi to revise the pay scale of rs. 325-475 to rs. 550-900 another argument which is addressed is that revised grades of the posts of of foreman in the d.e.s.u. is also rs. 550-900 but there is no material on the record in support of that contention. reference is also made to certain recommendations of the third pay commission in which the pay scales of certain category of posts in the scale of rs. 325-475 have been revised to rs. 550-900. all these questions are, thereforee, left to be determined by the industrial tribunal. we wish to say no more. (7) accordingly, the appeal is allowed. the judgment of the learned single judge dated january, 6, 1982 in civil writ petition 1481/80 and the award of industrial tribunal no. i, delhi dated november 6, 1979 in i.d. case no. 82/76 is set aside and the case is remanded back to the industrial no. i, delhi for determination of the reference dated november 12, 1976 afresh. the industrial tribunal shall afford full opportunity to the parties to substantiate their contentions before it. it is hoped that the industrial tribunal shall answer the reference expeditiously, in any case, within six months. on the facts and circumstances of the case, we make no order as to costs.