They filed a Writ Petition claiming parity in the matter of grant of scale of pay by filing a Writ Petition with the Awardees before the High Court of Delhi.
By reason of the impugned Judgment, the said Writ Petitions have been allowed stating that although they are number companyered by the Award, the appellant being model employer must treat the employees similarly situated and, thus as the respondents had passed the test in June, 1981, they companyld number be denied the pay scale which has been granted to them.
The direction in terms of the Award was companyfined only to those who were in employment at the time when the said benefit was given to the said 17 Meter Readers.
Grant to the petitioners the appropriate amount of damages including companyt of the present petition as also such other or further reliefs as this Honble Court may deem fit, proper and expedient in the facts and circumstances of the present case.
By reason of an Award dated 7.1.1998, the Industrial Court directed In the light of the above observations of the meter readers, who were in service at the time when the benefit was given to 17 meter readers, whose names are morefully detailed in Annexure B of claim statement are entitled to get the benefit of the said order in the similar manner in which the same has been given to those 17 meter readers purely as an adhoc measure to be personal to them and discrimination made by the management amongst the same class of meter readers is an act of arbitrariness and amounts to misuse of the principles of law.
590 1000/ as has been done in case of 17 Meter Readers namely 1 Shri Turen Singh, 2 Ram Chander Singh, 3 Shri Rameshwar Lal Bali, 4.
Office order dated 23.12.1998 Annexure D and office order dated 17.5.1999 Annexure D 1 alongwith all the companysequential reliefs.
They, thus, formed a class by themselves.
In any event, the Writ Petitions having been filed in July, 1999, the High Court companymitted a serious illegality in directing back wages in their favour.
Respondents were appointed on different dates, admittedly after 6.2.1982.
Shri Prem Chand Sharma, 5.
In the said department, there were posts of Meter Readers as also Shifts Incharge.
Reference was made to the Presiding Officer, Industrial Tribunal No.
They did number implead themselves as parties even in the reference made by the State before the Industrial Tribunal.
It is trite that the discretionary jurisdiction may number be exercised in favour of those who approach the Court after a long time.
Respondent filed the Writ Petition in July, 1999 claiming inter alia the following reliefs Issue an appropriate writ, order or direction to the Respondent to grant to the petitioners the benefit of the revised pay scale, as had been granted to other meter readers vide office order dated 10.02.1982 Annexure B .
520 815 to Rs.
It is number their case that after 1982, those employees who were employed or who were recruited after the cut off date have been granted the said scale of pay.
Those Meter Readers who were purported to be similarly situated meaning thereby those who were in service as on 12.2.1982 i.e the date when the purported pay scales of 17 senior most Meter Readers on ad hoc basis were revised, raised an industrial dispute.
They were given a higher scale so as to protect their pay which were personal to them and that too on an ad hoc measure.
It was number by way of a revision of scale of pay as understood in the ordinary sense of the term.
Entitlement of an employee to be placed on a particular scale of pay would depend upon the terms and companyditions laid down in the companytract of service.
For the said purpose, it has a electricity department.
A cut off date having been fixed by the Tribunal, those who were thus number similarly situated, were to be treated to have formed a different class.
The learned companynsel would companytend that the respondent did number raise a separate industrial dispute as they had all along been under the impression that they would be companyered by the Award which may be made in the said Reference.
After such a long time, therefore, the Writ Petitions companyld number have been entertained even if they are similarly situated.
The post of Meter Readers was meant to be filled up by direct recruitment.
Seventeen persons who were granted higher scale of pay as numbericed hereinbefore had been working as Shifts in charge.
The management is directed to pay the arrears of the said amount on the same analogy to which 17 meter readers have been given benefit to the same as per order dated 12.02.82 within a period of 6 months from the date the award become enforceable under law failing which the meter readers of the said period will be entitled to get an interest 18 per annum to the same The respondents were appointed after 12.2.1982 i.e during the period 1.4.1982 and 3.6.1984.
3, Delhi for determination of inter alia the following industrial dispute Whether the pay scale of Meter Readers should be revised from Rs.
Arising out of SLP C No.
21024 of 2005 B. Sinha, J. Leave granted.
The pay scale of Shifts In charge was Rs.
As Shifts In charge, they were entitled to a higher scale of pay.
The Industrial Tribunal in its Award proceeded on the basis that the companycerned workmen were entitled to the benefit of higher scale as they were similarly situated to those 17 senior most Meter Readers.
Appellant is a local authority companystituted under the New Delhi Municipal Act, 1994.
It has been performing its municipal functions in the New Delhi area one of them being distribution of electricity to the companysumers upon buying the same from the Electricity Supply Companies.
