- (1.) The demand, by the Senior Scientific Assistants working in the Department of Defence Production, government of India, for revision of pay scale, was referred to the Board of Arbitration (the Board) constituted under the scheme called Joint Consultative Machinery and Compulsory Arbitration for central government Employees (JCM Scheme). The Board gave its award on 12/08/1985 granting higher pay scale to Senior Scientific Assistants with effect from 22/09/1982. Scientific Workers Association, respondent in the appeal herein, filed OA No. 952 of 1986 before the central Administrative tribunal, Principal bench, New Delhi (Tribunal) seeking a direction to the government of India to implement the award. During the pendency of the application government of India, on 11/11/1988 decided to implement the award with effect from 1/01/1988.
(2.) The question before the tribunal was whether the government of India could modify the award so as to alter the date of its implementation from September 22, 198 2/01/1988. The tribunal answered the question in the negative, allowed OA No. 952 of 1986' and directed the government of India to implement the award with effect from 22/09/1982.
(3.) The government of India placed the matter before the Cabinet which took a decision on 23/08/1989 to move a resolution before Parliament under clause 21 of the JCM Scheme for modification of the date of implementation of the award from September 22, 198 2/01/1988. The Lok Sabha adopted the resolution on 13/10/1989 approving the modification of the date of implementation of the award and similar resolution was passed by the Rajya Sabha on 29/12/1989.;