1 8 83 It is thus evident that although in 1970 there was parity in the pay scales of the employees falling in the four categories referred to above who were employed with the respondent companyporation and the Cotton Corporation of India, the said parity was disturbed in companyrse of time on account of the fact that in the Cotton Corporation of India there was timely revision in the pay scales in 1973 1977 and 1982, whereas in the respondent companyporation, the revision in the pay scales was after a much longer gap in 1976 and 1983.
Counter affidavits have been filed on behalf of respondents Nos.
1.65 per point shift in AICPI beyond Index 499.
1 9 82 1983 355 435 Revised w.e.f.
1 and 2 as well as the respondent corporation wherein it has been stated that the petitioners cannot claim revision of pay and allowances on the basis of Guidelines dated November 27, 1982 issued by the Bureau of Public Enterpises for the reason that the said Guidelines relate to the fixation of pay and allowances of officers only and do number relate to subordinate staff.
1 9 82 1983 490 780 Revised w.e.f.
In the Cotton Corporation of India the employees had a revision of their pay scales with effect from October 1, 1977 and a further revision with effect from September 1, 1982 whereas in the respondent corporation there was numberrevision in the pay scales after the revision of 1976 till the passing of the order dated April 25, 1986 during the pendency fixed under order, dated April 25, 1986, are, however, much lower than the pay scales of these writ petitions whereby the pay scales have been revised with effect from August 1, 1983.
1 10 77 Drivers, etc.
The revised pay scales granted to the employees of the Cotton Corporation of India with effect from January 1, 1973 were given to the employees of the respondent corporation with effect from August 1, 1976.
This revision has been made effective from August 1, 1983 and is valid upto July 31, 1987.
1 1 73 1976 210270 Revised w.e.f.
210 270 iii Lower Division Clerks, Rs.
1 8 76 Teachers, Nurses, 1977 300 584 Revised w.e.f.
As regards payment of dearness allowance on the industrial pattern, it has been submitted that the employees in the unionised cadre in the respondent companyporation are being paid dearness allowance on industrial pattern since 1976 when their pay scales were revised by order dated December 28, 1976 with effect from August 1, 1976.
1 10 77 1982 650 980 Revised w.e.f.
The said pay scales were fixed as per the Third Central Pay Commission formula which had companye into force with effect from January 1, 1973.
1 9 82 1983 340 388 Revised w.e.f.
The revised pay scales of similar employees in the Cotton Corporation of India which were fixed with effect from September 1,1982.
1 9 82 1983 410 590 Revised w.e.f.
374/ and further neutralisation is tc be at the rate of Rs.
1 1 73 1976 196 232 Revised w.e.f.
iv Stenographers, Upper Rs.
1 8 83 Stenographers, Upper Division 1970 160 240 160 240 Clerks,Assistants, etc.
This order was modified by order dated March 3, 1986, and in place of the words the same pay and allowances as are given to the staff of the Unionised cadres mentioned in Annexure IV to the Writ Petition words adopting the same procedure as in the case of staff of the Unionised cadre mentioned in Annexure IV to the Writ Petition were substituted.
210 4 250 EB 5 270 355 5 405 EB 6 435 3.
1 8 1983 Jamadars, Recorders,etc.
It has been submitted that in view of the revision of the pay scales of the employees in the unionised cadre by order dated April 25, 1986 with effect from August, 1983, the petitioner can have numbercause for grievance and the writ petitioners do number survive.
i.e. August 1, 1976.
1 10 77 1982 500 720 Revised w.e.f.
It was set up for the purpose of taking over the two units of the British India Corporation Limited, namely, Cooper Alien and North West Tannery.
260 400 Clerks cum Typists, Typists, Compounders, Teachers, Nurses, Drivers, etc.
330 10 380 EB 12 500 EB 15 560 490 12 550 EB 15 700 EB 20 780 The fixed D.A. linked to All India Consumer Price Index 499 Simla Series 1960 100 has been fixed at Rs.
After the passing of the aforesaid orders by this Court, the Government of India, by letter dated April 24,1986, companyveyed their approval to the revision of pay scales and allowances of the clerical staff and workmen as indicated in the Annexure to the said letter and in accordance with the same, the respondent corporation passed an order dated April 25, 1986, whereby the pay scales of the clerical and subordinate staff of the respondent corporation were revised as follows Scale of Pay Existing Revised Rs.
1982 550 761 Revised w.e.f.
330 560 Division Clerks, Assistants, etc.
Shri Mukhoty has pointed out that in 1970 the employees in the above mentioned four categories employed with respondent corporation and Cotton Corporation of India were having the same pay scales and that after 1970, the pay scales of employees in the Cotton Corporation of India have been revised from time to time with effect from January 1, 1973, October 1, 1977 and September 1, 1982, whereas the pay scales of the employees in the respondent corporation were revised with effect from August 1, 1976 and thereafter by order dated April 24, 1986 during the pendency of these petitions with effect from August 1, 1983.
1 8 83 Clerks, 1970 110 180 110 180 Clerks cum Typists, 1973 260 400 Revised w.e.f.
This would show that while the employees of the Cotton Corporation of India were given the revised pay scales in accordance with the Third Pay Commission formula with effect from January 1, 1973, when the revised pay scales as recommended by the Third Pay Commission were brought into force, the employees of the respondent companyporation were given the said revised pay scales from a later dale.
260 6 290 EB 6 326 8 390 10 400 410 8 450 EB 498 10 548 EB 10 578 12 590 4.
196 232 ii Jamadars, Recorders, ect.
By letter dated December 28, 1976, the Government of India approved the revision of pay scales and allowances of the monthly rated employees of the respondent corporation and in accordance with the said directions the pay scales of the above mentioned four categories of the employees in the unionised cadre of the respondent corporation were fixed as under Peons, Watchmen, etc.
The pay scales of the employees of the respondent corporation are fixed and revised as per orders of the Central Government issued from time to time with the prior approval of Bureau of Public Enterprises.
The base D.A. was fixed at Rs.
1 herein, was seeking revision of pay scales and D.A. of the staff and officers but having failed in these efforts the petitioners filed these writ petitions wherein it is prayed that respondents Nos.
1.30 per point shift in the All India Consumer Price Index average.
During the pendency of this writ petition, this Court on November 18.1985 passed the following order Issue Rule.
Shri Mukhoty has, however, companyfined his submissions by companyparing the revised pay scales with the pay scales of employees falling in the same categories employed with the Cotton Corporation of India, which is also an undertaking of the Government of India.
It has also been prayed that respondents Nos.
The dearness allowance was granted on the basis of the Industrial D.A. formula by adjusting the D.A. at Rs.
1 and 3 be directed to grant with effect from August 1, 1982 all the benefits of pay revision and revision of other allowances which have been extended to the employees of those public sector enterprises which have introduced and implemented the guidelines of respondent No.
It is an undertaking owned by the Government of India and it functions under the administrative companytrol of Ministry Of Industry, Department of Industrial Development.
Pending the hearing and disposal of the Writ Petitions, the Respondent will pay within two months from today to the staff of the Unionised cadre of the Tannery Footwear Corporation Of India Ltd., the same pay and allowances as are given to the staff of the Unionised cadres mentioned in Annexure IV of the Writ Petition, in case the same have number been paid so far.
2 herein, and that the respondent corporation be directed to pay dearness allowance on industrial pattern to the employees of the respondent corporation in terms of the said revision at the rates numberified by the Bureau of Public Enterprises with effect from August 1, 1982 and April 1, 1983.
Shri G.L. Mukhoty, the learned Counsel appearing for the petitioners, has urged that the revision of the pay scales under order dated April 25,1986, does number do full justice to the employees inasmuch as inspite of the said revision the pay scales of the employees are much lower than the pay scales enjoyed by employees in the same categories in other undertakings of the Government of India.
196 3 220 EB 4 234 340 4 372 EB 4 388 2.
The submission of Shri Mukhoty is that the revised pay scales of the employees of respondent corporation are much lower than the pay scales enjoyed by the employees in the Cotton Corporation of India which were revised from an earlier date, i.e. August 1, 1982.
65/ per month relating to the companysumer Price Index average of 200 and adjustment was to be made on quarterly basis.
1 and 3 viz the Union of India and the respondent corporation be directed to revise the pay scales and allowances of the employees of the respondent corporation with effect from August 1, 1982 in terms of the Guidelines dated November 27, 1982, issued by the Bureau of Public Enterprises, respondent No.
1 1 73 Typists, Compounders, 1976 260 400 Revised w.e.f.
1970 1973 70 1 85 70 1 85 210 270 Revised w.e.f.
Ever since December, 1982, the TAFCO Staff Welfare Association, Petitioner No.
The respondent corporation is a Company registered under the Companies Act, 1956.
C. Agrawal, J. These writ petitions filed under Article 32 of the Constitution by the Employees of Tannery Footwear Corporation of India Limited hereinafter referred to as the respondent companyporation relate to the revision of pay and allowances of the employees in the unionised cadre of the respondent corporation.
