- (1.)Leave granted.
(2.)These appeals have been directed against the interim order dated 24.8.2001 passed by a single judge of the High court of Allahabad in the writ petition no. 4349 (S/s) /2001 titled U. P. Rajkiya nirman Nigam Karamchari Sangharsh morcha through its president v. State of u. P. through its chief secretary, and the interim order dated 31.10. 2001 passed by a division bench of the High Court in special appeal no. 341 of 2001 (S/b) titled state of U. P. through its chief secretary v. U. P. Rajkiya Nirman Nigam karamchari Sangharsh Morcha through its president. The operative portion of the order dated 24.8.2001 reads:
"Having regard to all what has been said above, an interim mandamus is issued commanding the opposite parties no. 2 and 3 to apply the recommendations of the 5th pay Commission to all the employees of the U. P. Rajkiya Nirman Nigam in accordance with the recommendations of the managing director of the Nigam. However, this order will be subject to the final decision of this Court. The employees may be required to place undertaking on record to the effect that they shall abide with the final judgment of this Court. "

(3.)In the special appeal, the division 'bench by an interim order passed on 31.10. 2001 modified the order of the single judge to the following effect:
"Meanwhile, we modify the order dated 24.8.2001 passed by hon'ble the single judge, only to this extent that the appellants shall pay to the employees of u. P. Rajkiya Nirman Nigam, the emoluments as recommended by the 5th Pay commission, only with effect from 1.11.2001 subject to the condition imposed by the Hon'ble the single judge. "