Professional Documents
Culture Documents
VERSUS
WITH
AND
JUDGMENT
HEMANT GUPTA, J.
Digitally signed by
Charanjeet kaur
Date: 2021.07.09
16:37:57 IST
Reason: CIVIL APPEAL NO. 7427 OF 2011, CIVIL APPEAL NO. 7429 OF
2011, CIVIL APPEAL NO. 7430 OF 2011, CIVIL APPEAL NO.
7431 OF 2011, CIVIL APPEAL NO. 7433 OF 2011 AND CIVIL
1
APPEAL NO. 7435 OF 2011
2
not maintainable. However, before this Court, Mr. Patwalia,
the employees of the State. It is the said pay scale which was
3
5. It was argued that the Federation was facing acute financial
and, therefore, the said amount was converted into the share
notice.
4
7. The employees of the Federation raised protest; therefore, a
following issues:
recommendations:
5
shatter the financial health of the Milkfed and Milk
Unions and it will not be possible to pay such a huge
amount in the shape of arrears. Committee feels that
the employees concerned also understand this position
and will most probably be agreeable to the grant of
improved pay scales w.e.f. any subsequent date. The
2nd alternative of granting benefit from 1.1.1994 with
notional fixation of BP w.e.f. 1.1.1986 has also been
examined. In this case, more than 750 employees will
be financially benefited and the financial burden will be
Rs.2.0 lac pm. This is also considered to be a huge
liability, especially when the recommendations of the
IVth Pay Commission are expected and the liability on
its implementation is also likely to be heavy. Further,
the Committee has been told that the liability of the
arrears n account of Prop. set up from 1.1.1986 to
31.8.1992 are still outstanding. The Committee after
considering the above as well as various other aspects,
recommends that the improved pay scales may be
implemented w.e.f. 1.1.1994 without giving the benefit
of even notional pay fixation w.e.f. 1.1.1986. Adoption
of the Punjab Government pattern of Pay Scales has
been felt necessary with a view to make parity in the
scales for future revisions etc. This would save the
organisation from a huge liability of the payment of
arrears and will also give scope to the employee for
placement in better pay scale and getting benefit
which might accrue as a result next revision of pay
scale likely to be made w.e.f. 1.1.1994 on Punjab
Government pattern.”
under:
6
Committee, constituted by the Milkfed on 6.12.1994,
contained in the report enclosed at Annexure-3, ap-
proval is granted to the implementation of the revised
pay scales and Master Pay Scale to the concerned em-
ployees of the Milkfed and the Milk Unions in accor-
dance with the report of the Anomaly Committee con-
stituted under the Third Pay Commission by the Punjab
Government, with effect from 1.1.1994. Its approval
may also be obtained from the Registrar, Cooperative
Societies, Punjab.”
10. The decision of the Board was approved by the Registrar (Co-
employees.
7
ined by B.O.D. with reference to the liabilities in-
volved, capacity of the Undertakings to bear the addi-
tional financial burden, availability of the resources
and the extent/nature of the similar allowances/con-
cessions already being availed of and the views of De-
partment of Finance (B.P.E.) should also invariably be
obtained through the Administrative Department.”
add the same to their costs. It was suggested that these prac-
municated as under:
8
not going to support the Public Sector Undertakings fi-
nancially.”
13. The High Court allowed the writ petitions filed by the employ-
excuse to not revise the pay scales and thus held that the
herein against such order. This Court had stayed the recovery
that the High Court erred in law in holding that the date of im-
A.K. Bindal & Anr. v. Union of India & Ors. 5 and State of
Punjab & Ors. v. Amar Nath Goyal & Ors.6 wherein the
4 M.M.R. Khan & Ors. v. Union of India & Ors., 1990 (Supp.) SCC 191; Haryana State
Minor Irrigation Tubewells Corporation & Ors. v. G.S. Uppal & Ors., (2008) 7 SCC 375;
High Court Employees Welfare Assn., Calcutta & Ors. v. State of W.B. & Ors., (2004) 1
SCC 334; Supreme Court Employees Welfare Association v. Union of India & Anr., (1989)
4 SCC 187 and Purshottam Lal & Ors. v. Union of India & Anr., (1973) 1 SCC 651
5 (2003) 5 SCC 163
6 (2005) 6 SCC 754
9
Court had upheld financial stringency as a ground to deny
15. Mr. Govind Goel, appearing for the respondents in Civil Appeal
No. 7433 of 2011 argued that the writ petition before the High
decision to not grant the revised pay scale on the basis of the
was stated that though there were losses for some years, the
10
1996-1997. Hence, such ground of financial stringency is not
tenable.
and pointed out that the writ petitioners are the employees of
11
So the pay scale
of 1800-3200 is
recommended for
this post. No
financial burden.
16 Draftsman 570-1080 1500- 1800- Jr. There are 3
2640 3200 Draftsman draftsmen. The
shall be civil works have
eligible for almost been
promotion completed and
as there is no
draftsman likelihood of new
in the scale civil works to be
of Rs.1800- undertaken. Two
3200 after of them have
a minimum been put on
period of 12 alternate jobs, as
years. they are surplus.
So the committee
feels that the
existing pay scale
of Rs.1500-2640
is sufficient for
them. So no
improvement is
recommended.
17. Tracers 400-600 950- 1200- To be There are 4
1800 2100 designated tracers. None of
as Jr. them is deployed
draftsman on his job, but
and have been put on
qualificatio alternate jobs,
n to be which are clerical,
raised to to provide this
matric with work. There is no
two years likelihood of civil
ITI work for them in
certificate future. So no
of improvement is
draftsman. recommended.
18 Surveyor 400-600 950- 1200- There are two
1800 2100 Surveyors, who
have been put on
alternate jobs. So
no improvement
is recommended
for this category
too.
18. It was thus argued that the Committee had taken a conscious
12
Instead of granting enhanced pay scale at par with what was
review.
19. We have heard learned counsel for the parties and find that
13
This Court thus held as under:
is the fair wage, and beyond the fair wage is the living wage.
14
wherein the five norms which should guide all wage fixing
as under:
15
total of 72 yards.
mind and that such factors are not static in nature. The
as under:
16
capitalists might have a tendency to drive capital away
from fruitful employment and even to affect
prejudicially capital formation itself. The rise in prices
that often results from the rise of the workmen's wages
may in its turn affect other members of the community
and may even affect prejudicially the living conditions
of the workmen themselves. The effect of such a rise in
price on the Country's international trade cannot also
be always ignored. Thus numerous complex factors,
some of which are economic and some spring from
social philosophy give rise to conflicting considerations
that have to be borne in mind. Nor does the process of
valuation of the numerous factors remain static. ……
23. In Workmen v. Reptakos Brett. & Co. Ltd. 10, this Court
17
structure has to be tested at the anvil of social justice which is
A.K. Bindal. This Court in the said case was examining the
18
would not provide any budgetary support for wage increase
19
would have been incurred by revision of pay scales. By
the office memorandum dated 19-7-1995 the
Government merely reiterated its earlier stand and
issued a caution that till a decision was taken to revive
the undertakings, no revision in pay scale should be
allowed. We, therefore, do not find any infirmity, legal
or constitutional in the two office memorandums which
have been challenged in the writ petitions.
25. This Court also considered two earlier judgments11 that the
11 South Malabar Gramin Bank v. Coordination Committee of South Malabar Gramin Bank
Employees’ Union., (2001) 4 SCC 101 and Associate Bank Officers’ Association v. State
Bank of India & Ors., (1998) 1 SCC 428
20
function and may have to close down which will inevitably
the wage structure inter alia held that The Regional Rural
the rural poor living in the priority sector. The RRBs have
objective of the Act. The Court held that the RRBs are in
21
viability or from the point of view of a private money lender or
under:
22
record before us by the respondents which clearly show
that the first respondent had been suffering heave
losses for the last many years. In such a situation the
petitioners, in our opinion, cannot legitimately claim
that their pay-scales should necessarily be revised and
enhanced even though the organisation in which they
are working are making continuous losses and are
deeply in the red. As could be seen from the counter
affidavit, the first respondent company which is
engaged in the manufacture of medicines became sick
industrial company for various reasons and was
declared as such by the BIFR and the revival package
which was formulated and later approved by the BIFR
for implementation could not also be given effect to
and that the modifications recommended by the
Government of India to the BIFR in the existing revival
package was ordered to be examined by an operating
agency and, in fact, IDBI was appointed as an operating
agency under Section 17(3) of SICA. It is also not in
dispute that the production activities had to be stopped
in the major two units of the company at Rishikesh and
Hyderabad w.e.f. October, 1996 and the losses and
liabilities are increasing every month and that the
payment of three instalments of interim relief could not
also be made due to the threat of industrial unrest and
the wage revision in respect of other employees is also
due w.e.f. 1992 which has also not been sanctioned by
the Government of India.”
equal pay for equal work where the claim of the appellants
23
capacity, responsibility, educational qualification, mode of
Dixit & Anr.14, this Court was dealing with an appeal against
an order of the High Court, which did not interfere with the
24
employees who retired or died on or after 1.4.1995 after
31. In State of Haryana v. Shri Des Raj Sangar & Anr. 15, the
under:
25
faith. After the posts of Deputy Directors had been
created and had been in existence along with the post
of Panchayati Raj Election Officer for a number of
months, the Government, it would appear, decided to
abolish some of the posts to meet the financial
stringency. In taking the decision as to which post to
abolish and which not to abolish, the Government, it
seems, took into account the relative usefulness of
each post and decided to abolish the seven posts of
field Deputy Directors and the one post of Panchayati
Raj Election Officer. This was a matter well within the
administrative discretion of the Government and as the
decision in this respect appears to have been taken in
good faith, the same cannot be quashed by the court.
The fact that the post to be abolished is held by a
person who is confirmed in that post and the post
which is not abolished is held by a person who is not
permanent would not affect the legality of the decision
to abolish the former post as long as the decision to
abolish the post is taken in good faith. We would,
therefore, hold that the High Court was in error in
quashing the order of the Government whereby the
post of Panchayati Raj Election Officer had been
abolished.”
26
State.
the report of the Pay Commission did not deal with the case of
as under:
27
concerned.”
the benefit of the report was not granted to the petitioners for
considered that there was no work for the writ petitioners. Still
revised pay scale which was better than the pay scale
not to grant higher pay scale for the reason that there is no
work of the post to which they were appointed but were given
alternate assignments.
28
the workers employed therein are holders of civil posts within
India & Ors.16, the employees were claiming parity in pay and
par with the pay scales of such employees employed with the
under:
16 1991 Supp. (2) SCC 565
29
“33. The plea of the appellants that the Corporation is
running under losses and it cannot meet the financial
burden on account of revision of scales of pay has been
rejected by the High Court and, in our view, rightly so.
Whatever may be the factual position, there appears to
be no basis for the action of the appellants in denying
the claim of revision of pay scales to the respondents.
If the Government feels that the Corporation is running
into losses, measures of economy, avoidance of
frequent writing off of dues, reduction of posts or
repatriating deputationists may provide the possible
solution to the problem. Be that as it may, such a
contention may not be available to the appellants in
the light of the principle enunciated by this Court
in M.M.R. Khan v. Union of India [1990 Supp SCC 191 :
1990 SCC (L&S) 632 : (1991) 16 ATC 541] and Indian
Overseas Bank v. Staff Canteen Workers' Union [(2000)
4 SCC 245 : 2000 SCC (L&S) 471] . However, so long as
the posts do exist and are manned, there appears to be
no justification for granting the respondents a scale of
pay lower than that sanctioned for those employees
who are brought on deputation. In fact, the sequence of
events discussed above clearly shows that the
employees of the Corporation have been treated on a
par with those in Government at the time of revision of
scales of pay on every occasion.”
38. The judgment in Union of India & Anr. v. S.B. Vohra &
30
alone but also the power of the Chief Justice to grant revised
present appeals.
the Court upheld the principle that fixation of pay and parity in
31
2004 SCC (L&S) 363] . There is no dispute nor can
there be any to the principle as settled in State of
Haryana v. Haryana Civil Secretariat Personal Staff
Assn. [(2002) 6 SCC 72 : 2002 SCC (L&S) 822] that
fixation of pay and determination of parity in duties is
the function of the executive and the scope of judicial
review of administrative decision in this regard is very
limited. However, it is also equally well settled that the
courts should interfere with administrative decisions
pertaining to pay fixation and pay parity when they find
such a decision to be unreasonable, unjust and
prejudicial to a section of employees and taken in
ignorance of material and relevant factors.”
(Emphasis supplied)
32
Government as well as from the National Dairy Development
Board.
revised pay scale from 1.1.1986 was taken keeping in view the
33
1. Whether a decision-making authority exceeded its
powers?
The above are only the broad grounds but it does not
rule out addition of further grounds in course of time.
As a matter of fact, in R. v. Secretary of State for the
Home Department, ex Brind [(1991) 1 AC 696] , Lord
Diplock refers specifically to one development, namely,
the possible recognition of the principle of
proportionality. In all these cases the test to be adopted
is that the court should, “consider whether something
has gone wrong of a nature and degree which requires
its intervention”.
xx xx xx
34
(1) The modern trend points to judicial restraint in
administrative action.
(3) The court does not have the expertise to correct the
administrative decision. If a review of the
administrative decision is permitted it will be
substituting its own decision, without the necessary
expertise which itself may be fallible.
35
Ors.21, the Court was examining the policy of disinvestment of
xx xx xx
36
most reluctant to impugn the judgment of the experts
who may have arrived at a conclusion unless the court
is satisfied that there is illegality in the decision itself.”
under:
37
tender or contractual matters in exercise of power of
judicial review, should pose to itself the following
questions:
23 (2019) 18 SCC 39
38
Bench of the High Court although such candidate was not
39
Hegde v. Millikarjun Bhavanappa Tirumale, AIR 1960 SC
137]. If the provision of a statutory rule is reasonably
capable of two or more constructions and one
construction has been adopted, the decision would not
be open to interference by the writ court. It is only an
obvious misinterpretation of a relevant statutory
provision, or ignorance or disregard thereof, or a
decision founded on reasons which are clearly wrong in
law, which can be corrected by the writ court by
issuance of writ of certiorari.
40
“16. It could thus be seen that an interference by the
High Court would be warranted only when the decision
impugned is vitiated by an apparent error of law i.e.
when the error is apparent on the face of the record
and is self-evident. The High Court would be
empowered to exercise the powers when it finds that
the decision impugned is so arbitrary and capricious
that no reasonable person would have ever arrived at.
It has been reiterated that the test is not what the
Court considers reasonable or unreasonable but a
decision which the Court thinks that no reasonable
person could have taken. Not only this but such a
decision must have led to manifest injustice.”
Ors. v. Union of India & Ors.25, this Court held that judicial
that for which the power to make the decision was conferred.
41
on an authority has to be necessarily exercised only for
the purpose provided in a statute. The discretion
exercised by the decision maker is subject to judicial
scrutiny if a purpose other than a specified purpose is
pursued. If the authority pursues unauthorised
purposes, its decision is rendered illegal. If irrelevant
considerations are taken into account for reaching the
decision or relevant considerations have been ignored,
the decision stands vitiated as the decision maker has
misdirected himself in law. It is useful to refer
to R. v. Vestry of St. Pancras [R. v. Vestry of St. Pancras,
(1890) LR 24 QBD 371 (CA)] in which it was held: (QBD
pp. 375-76)
49. Thus, we find that the decision that the Federation was in
50. Learned counsel for the writ petitioners have referred to the
42
1.1.1994. The Federation has categorically stated that
was turn around only after 1994. Still further, we find that the
but the employees of the Federation are not its members. The
43
expenses.
51. The submission that there will not be financial burden on the
federation in view of the fact that the High Court has ordered
The High Court has granted revised pay scales with effect
52. In view of the above, we find that the order of the High Court
allowed. The orders passed by the High Court are hereby set
44
counterparts in the State of Punjab from 1.1.1986, though the
employees claiming equal pay for equal work has not been
54. The employees have not filed any appeal against the
45
are employees of the District Co-operative Milk Producers
46
Agriculture with one year experience of working as Secretary
Grade-II.
59. We do not find any merit in the argument claiming equal pay
allowed. The orders passed by the High Court are hereby set
aside.
47
revised pay scale was allowed by the Federation w.e.f.
62. In the written statement filed before the High Court, the stand
48
was pointed out that the employees and the Deputy Manager
63. We have heard learned counsel for the parties. Firstly, the
64. We do not find any merit in the argument claiming equal pay
49
allowed. The orders passed by the High Court are hereby set
aside.
.............................................J.
(SANJAY KISHAN KAUL)
.............................................J.
(HEMANT GUPTA)
NEW DELHI;
JULY 9, 2021.
50