UNION OF INDIA AND ORS.versusCARPENTER WORKERS UNION AND ORS.
- Citation
- 2006 INSC 937
- Decided
- 30 November 2006
- Disposal
- Dismissed
- Bench
- AR LAKSHMANAN
Holding
Since the CAT order upgrading the pay scales of East Zone carpenters has been complied with, the Union of India and Prasar Bharti must implement the same benefits for carpenters in all other zones, and the Special Leave Petition is dismissed.
Summary
The Union of India filed a Special Leave Petition challenging a Delhi High Court order that dismissed its claim for uniform pay scales for carpenters employed by All India Radio and Television. The petition arose after the Central Administrative Tribunal (CAT) had upgraded the pay scales of carpenters in the East Zone, with the order being fully complied with. The Supreme Court noted that the CAT order, dated 6 August 1999, had already been implemented for the East Zone employees. Consequently, the Court directed the Union of India and Prasar Bharti to extend the same pay‑scale benefits to carpenters in all other zones within three months. The Court dismissed the Special Leave Petition as it raised the same issue that had already been resolved by the CAT order. The judgment also left certain procedural questions open for future determination.
Issues considered
- Whether the Special Leave Petition challenging the High Court's dismissal should be entertained in view of the prior compliance with the CAT order.
- Whether the pay‑scale benefits granted to carpenters in the East Zone must be extended to carpenters in other zones of All India Radio and Television.
Subjects
Judgment
A UNION OF INDIA AND ORS.
v.
CARPENTER WORKERS UNION AND ORS.
NOVEMBER 30, 2006
B [DR. AR. LAKSHMANAN AND TARUN CHATTERJEE, JJ.]
Service Law:
Pay scales-Carpenters in office of Chief Engineer, All India Radio and
C TV-Held, since order has been passed in respect of carpenters of East Zone,
authorities directed to implement same yardstick and grant same benefits from
same date to employees of all other zones.
The Union of India filed the instant Special Leave Petition
D challenging the judgment of the High Court with regard to the pay scales
to the carpenters. During the course of hearing of the petition it was
brought to the notice of the Court that order of the Central Administrative
Tribunal dated 6.8.J 999 upgrading the pay scale of carpenters of East
Zone, to Rs.1200-1800 notionally w.e.f. 1.1.1986 and granting them the
revised pay scale of Rs.4000-6000 actually w.e.f. 1.1.1996, has been
E complied with.
Dismissing the petition, the Court
HELD: Since the order has been passed in respect of carpenters of
East Zone, the Union of India and the Prasar Bharti are directed to
implement the same yardstick and grant the same benefits etc. from the
same date to the employees of other zones as well. [905-H; 906-A)
CIVIL APPELLATE JURISDICTION : Special Leave Petition (C) No.
700012004.
From the final Judgment and Order dated I.I 0.2003 of the High Court
of Delhi at New Delhi, in C. W. No. 74541200 I.
P.P. Malhotra, A.S.G., Harish Chandra, Ms. Kiran Bhardwaj, Ms. Sadhna
Sandhu, V.K. Verma and P. Parmeswaran for the Apellants.
904
U.O .I. v. CARPENTER WORKERS UNION [LAKSHMANAN, J.] 905
V. Mohana (for Abhijit Sengupta) and P.V. Yogeswaran for the A
Respondents.
The Judgment of the Court was delivered by
DR. AR. LAKSHMANAN, J. The above Special Leave Petition was filed
against the judgment and order dt.O 1.10.2003 passed by the High Court of B
Delhi Civil Writ petition No. 7454/200 l wherein the High Court dismissed the
petition preferred by the Union of India and Others through the Secretary,
Ministry of Information and Broadcasting; the Director General, All India
Radio, New Delhi and the Chief Engineer (North Zone), Akashwani and
Doordarshan, Jamnagar House, New Delhi.
c
The Delhi High Court has relied upon the order passed by the Calcutta
High Court in WPCT No.505/99 dt.08.07.2002 which was challenged by
another SLP No ...... CC I 1231/2003. The said SLP was filed by the Chief
Engineer (East zone) against P. Bhakta and Ors. The said SLP was dismissed
by this Court on 08.0 l.2004 on the ground of delay. Subsequently, a Review D
petition was filed by the Chief Engineer (East Zone), All India Radio and
Television and the said Review petition was also dismissed by this Court on
12.08.2004. Thereafter, the Prasar Bharti (Broadcasting Corporation of India),
Directorate General All India Radio (Planning and Development Unit) by
their Order dt.29.9.2004/8.10.04 passed an order pursuant to the Central
Administrative Tribunal's order dt.06.08.1999 passed in O.A.No.114/91 in E
the matter of Sh. ?.Bhakta and Ors. v. Union of India and Ors,. By the said
order, the [ay scale of seven applicants of the aforesaid O.A. working as
Carpenters in the office of Chief Engineer (East Zone), All India Radio and
TV, Kolkata under Prasar Bharti (Broadcasting Corporation of India) (Director
General : All India Radio) under Ministry of I and B was upgraded to Rs.1200- F
1800 notionally w.e.f. 01.01.86 and the revised pay scale pf Rs.4000-6000
actually w.e.f. 0 l.O l.l 996 only in the case of applicants. lt is also stated in
the said order that the order was issued with the approval with the Ministry
of Information and Broadcasting and concurrence of Integrated Finance
Division of I and B vide their endorsement No. l 038/2004. Since the order of
the Central Administrative Tribunal has already been complied with in respect G
of East Zone Carpenters, there is no need to entertain this Special Leave
Petition, which raises the same issue. The Special Leave petition is accordingly
stands dismissed.
Now, that the order has been passed in respect of carpenters of East
Zone, the union of India and the Prasar Bharti is directed to implement the H
906 SUPREME COURT REPORTS [2006] SUPP. 9 S.C.R.
A same yardstick and grant the same benefits etc. from the same date to the
employees of other zones as well. Three months time is granted to the Union
of India and Prasar Bharti to comply with the above order of this Court.
The question of Jaw is left open to be decided n an appropriate.
B R.P. S.L.P. dismissed
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