N.T.C.(S.M.) LTD. Vs. KAMLA SINGH AND ORS.
LAWS(BOM)-2017-6-305
HIGH COURT OF BOMBAY
Decided on June 23,2017

N.T.C.(S.M.) LTD. Appellant
VERSUS
Kamla Singh And Ors. Respondents

JUDGEMENT

Smt. Anuja Prabhudessai, J. - (1.) The Appellant /original Petitioner has challenged the order dated 26th June, 2011 whereby the learned Single Judge of this Court dismissed the Writ Petition No.973 of 2015. The challenge in the said writ petition was to the order dated 4.4.1997 whereby the Industrial Tribunal had directed the Appellant to refrain from engaging in unfair labour practices under Item Nos.5 and 9 of schedule IV of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'MRTU and PULP Act') and further ordered to give benefits of 4th Pay Commission to the complainants /Respondent Nos.1 to 7 herein.
(2.) The Respondent Nos.1 to 7 were working with various textile mills and were governed by the Industrial settlements entered into between the recognized Union and the Mill owners' Association. The said textile mills were acquired and vested in the National Textile Corporation (NTC) the Appellant herein, under the provisions of the Sick Textile undertaking (Nationalisation Act) 1974. Accordingly, the services of the Respondent Nos.1 to 7 came to be transferred to the National Textile Corporation (NTC) and the Respondent Nos. 1 to 7 thus became the employees of NTC, the Appellant herein above.
(3.) Pursuant to the directions given by the Apex Court in Jute Corporation Of India v. Jute Corporation Of India Ltd. And reported in 1990 SCC (3) 436 on the pattern of wage fixation of the employees of public sector corporation and the consequent Office Memorandum dated 12th June, 1990, issued by the Central Government, the Appellant placed the Respondent Nos.17 in NTC Scales, which were equivalent to what was admissible under the recommendation of 3rd Central Pay Commission (CDA Pattern). These Scales were subject to revision based on the Industrial D. A. Pattern with effect from the date of placement under NTC Scale. By subsequent order issued upon finalization of the IDA Pattern, the Appellant notified the revised pay structure with effect from 1st January,1991 extending benefits of the Industrial Dearness Scheme. The Respondent Nos. 1 to 7 were not given benefits of a wage revision on the basis of the recommendation of the 4th Pay Commission as according to the Appellant such benefits were admissible only to those employees who were granted NTC pay scale prior to 1.1.1991.;


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