Dr. A. R. LAKSHMANAN, J. - (1.) The present writ petition under Article 32 of the Constitution of India is concerning release of revised IDA pay scale in respect of the British India Corporation (a Government Undertaking) and its two units situated at Cawnpore Woollen Mills, Kanpur and New Egerton Woollen Mills, Dhariwal (Punjab). The employees of the Cawnpore Woollen Mills, Kanpur and New Egerton Woollen Mills, Dhariwal have authorise the National Confederation of Officers Association of the Central Public Sector Undertaking to submit this petition on their behalf in this Court, and therefore, the petitioners are jointly submitting this petition.
(2.) The brief controversy involved in this matter is that by order dated 19-7-1995, the Central Government has denied the benefit of revised IDA pay scale to those sick public sector undertakings which are registered with the BIFR. This Court on dated 7-5-1999 in S.L.P.(C) No.16732/1997 ordered that the National Textile Corporation and its subsidiaries be given benefits under O.M. dated 19-7-1995, at least from 1-1-1999. The said order reads thus : "S.L.P.(C)No.l6732 of 1997 and I.A. Nos.l-9 in S.L.P.(C)No.l6732 of 1997 We heard learned counsel for the parties. In our view till these matters are finally decided, interest of justice requires that the officers/employees of the N.T.C. and its subsidiaries whose cases have been cleared by the Board for Industrial and Financial Reconstruction by order dated 21/28th April, 1998 and which would cover 518 employees of the I.D.A. Pattern working in N.T.C. and its subsidiaries should be given without prejudice to the rights and contentions of all the contesting parties in these proceedings, and purely on ad hoc basis benefits under O.M. dated 19th July, 1995 at least from 1st January, 1999. All arrears on the basis of that O.M. will be worked out and paid over to the aforesaid employees only w.e.f. 1st January, 1999 and in future during the pendency of these proceedings the monthly payments will also be continued to be made on the enhanced rate till the final disposal of these proceedings. The aforesaid arrears shall be computed and paid w.e.f. 1st January, 1999 within eight weeks from today. It is made clear that the aforesaid order is passed subject to the ultimate decision in these proceedings and subject to the adjustment, if any, as directed by this Court ultimately and all such employees shall have no objection to such adjustment to be made from their future salaries or other retrial benefits, if any. For compliance of the aforesaid order, the Central Government will make available necessary funds to the N.T.C. if required. The S.L.P. along with the other matters will stand over to 17th August, 1999. In the meantime, counter-affidavit and the rejoinder affidavit, if any, are to be filed by the concerned parties are permitted to be filed."
(3.) The above order was passed in the petition filed by the N.T.C. (IDA) Employees Association.;