The wages of the employees in the sugar factory in the State of Uttar Pradesh used to be governed by the terms of awards of the Wage Board appointed by the Government of India from time to time.
The Committee for the said purpose called seven candidates for interview.
Shri Shukla was placed in the Corporation scale in Bijnore unit of the Corporation.
Civil Appeal No.
With a view to remove certain anomalies allegedly a Selection Committee was companystituted by the Corporation on or about 28.3.1985.
Appointed Day in the said Act was defined to be 3rd July, 1971.
However, it was prescribed that in the event the laboratory Incharge, i.e., Supervisory Grade A II were having the educational qualification of less than a Degree, he would be placed in Supervisory B Grade.
550 1200 for those who had earlier been working on the initial pay scale of Rs.
Shri Shyam Sunder Shukla was also one of the candidates called for interview.
The First Respondent herein thereafter was transferred to a unit of the Corporation at Rohana Kalan.
However, those who have been working in the pay scale of Rs.
An award was made by U.P. Sugar Wage Board in the year 1970 prescribing different scales of pay for different categories of employees working in all the Vaccum Pan Sugar Factories in the State of Uttar Pradesh.
The said recommendations were given retrospective effect and retroactive operation from 29.12.1989.
Section 16 of the said Act provided that every person working in any of such sugar mills which stood vested under the said Act shall on and from the date of such acquisition become an employee of the Corporation and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and companyditions and with same rights and privileges as to pension, gratuity and other matters as he would have held the same on the appointed day if the undertaking had number been transferred to and vested in the Corporation and shall companytinue to do so until his employment in the Corporation is terminated or until his remuneration or other terms and companyditions of services or revised or altered by the Corporation under or in pursuance of any law or in accordance with any provision which for the time being governs his service.
The State of Uttaranchal having been created, the said writ petition was transferred to the High Court of Uttaranchal.
18327 of 2004 have been filed against the said order.
8237 8238 of 2003 CIVIL APPEAL NO2656 .OF 2006 L.P. C No.
Civil Appeal Nos.
The provisions of the said Act, however, were implemented in phases On or about 3.2.1984, an order was issued by the Corporation in terms whereof certain categories of employees like Assistant Engineers, Manufacturing Chemists and Laboratory Incharges posted in various units of the Corporation who had been drawing salary in Supervisory Grade A I and A II Grade of the Wage Board of the Sugar Industry were placed in the Corporation scale of pay with effect from 1.2.1984.
An application for review was filed which was rejected by an order dated 13.5.2003.
In terms of Section 3 of the said Act, on the appointed day, every scheduled undertaking shall, by reason thereof, stand and be deemed to have stood transferred to and vest and be deemed to have vested absolutely in the U.P. State Sugar Corporation Limited for short the Corporation .
There exists a post of Assistant Laboratory Incharge in all the sugar mills.
The First Respondent was also placed in Supervisory A Grade.
375 1000 in terms of the recommendations of the Wage Board.
By reason of recommendations made by the said Committee, four employees out of the seven called for interview including Shri Shukla were placed in the revised pay scale of Rs.
It is stated that the basis for calling the said candidates for interview is number known.
By reason of the impugned order, the High Court directed the Appellants to pay similar pay scale of Rs.
It made its recommendations on 31.1.1991.
In the year 1996, he filed a writ petition before the High Court of Allahabad inter alia praying therein for grant of scale of pay which was being paid to Shri B.P. Srivastava and Shri Shukla.
Doiwala Sugar Company Limited Company was having a sugar mill at Maholi.
In terms of the said recommendations, category B Grade was number prescribed.
WITH CIVIL APPEAL NO.
Educational qualifications were laid down as criteria for classifying the employees in different grades, which are as under a for the post of Laboratory Incharge Supervisory A1, Degree in Science with Physics and Chemistry and Mathematics as subjects and Associate Membership of National Sugar Institute, Kanpur or any other equivalent qualification.
He companytinued to be placed in the Supervisory B Grade and had been drawing salary in the prescribed scale of pay therefor.
235 M S of 2001allowing the writ petition filed by the Respondent herein and an order dated 13.5.2003 refusing to review the said order.
770 1600 meant for laboratory incharge in the Corporation.
The Legislature of the State of U.P. enacted the Uttar Pradesh Sugar Undertakings Acquisition Act, 1971 to provide, in the interest of the general public, for the acquisition and transfer of certain sugar undertakings and for matters companynected therewith or incidental thereto.
2000 3500 from the date from which Shri B.P. Srivastava and Shri Shyam Sunder Shukla were being paid.
b for the post of Laboratory Incharge, Supervisory A II, Degree in Science with Physics and Chemistry as subjects and at least two years practical experience in the sugar industry.
6588 and 8237 of 2003 have been filed against the said order.
The Third Sugar Wage Board was companystituted.
18327 of 2004 B. Sinha, J Leave granted in S.L.P. Whether educational qualification can be companysidered to be a relevant criteria for the purpose of payment of wages is the question involved in these appeals which arise out of a judgment and order dated 11.12.2002 passed by a Division Bench of the High Court of Uttaranchal at Nainital in C.M.W.P. No.
355 755 were put in the scale of Rs.
8238 and Civil Appeal arising out of SLP C No.
The scale of pay for such Laboratory Incharge was fixed at Rs.
The post carried certain grades.
