EMPLOYEES OF ENGINEERS INDIA LIMITED EMPLOYEES OF MINING AND ALLIED MACHINERY CORPORATION LIMITED N T C EMPLOYEES UNION JUTE CORPORATION OF INDIA Vs. ENGINEERS INDIA LTD:MINING AND ALLIED MACHINERY COR PORATION LTD:UNION OF INDIA:JUTE CORPORATION OF INDIA STAFF ASSOCIATION
LAWS(SC)-1986-2-14
SUPREME COURT OF INDIA
Decided on February 19,1986

Employees Of Engineers India Limited Employees Of Mining And Allied Machinery Corporation Limited N T C Employees Union Jute Corporation Of India Appellant
VERSUS
Engineers India Ltd:Mining And Allied Machinery Cor Poration Ltd:Union Of India:Jute Corporation Of India Staff Association Respondents

JUDGEMENT

- (1.) This order will govern the partial disposal of the applications for grant of interim relief to employees of the public sector undertakings who are better us and are governed by the Central pattern of basic pay and dearness allowance.
(2.) After hearing learned counsel for the parties at considerable length, we find that there is no justification for refusing the prayer for grant of interim relief as respects employees of these public sector undertakings drawing a basic pay of Rs. 1,000. 00 or less. This would be in consonance with and subject to the same conditions as in the order passed by the chief justice of India and Mr Justice Pathak dated 5/09/1985. That order is in-the following terms : So far as the Food Corporation of India is concerned, two instalments of the interim relief which have been declared by 236 the government of India shall be payable by the petitioners to their employees irrespective whether they are in Class I, Class II, class III or Class IV on the same basis and scale as the other government of India employees, w. e. f. 1/04/1985, on an undertaking given by each of the employees that in case they fail in the claim made by them they will refund the excess amount drawn by them to the Food Corporation of India and the Food Corporation of India will be entitled to adjust the excess against the future salary and other emoluments including retiral benefits payable to them. This order will be without prejudice to the interim relief which is already being paid by the Food Corporation of India to its employees. The arrears, if any, of the two instalments of interim relief shall be paid within one month from today.
(3.) We accordingly direct that all employees of the aforesaid public sector undertakings drawing a basic pay of Rs. 1,000. 00 or less will be entitled to interim relief on the same basis and scale as the other government of India employees w. e. f. 1/01/1986 on an undertaking given by each of the employees that in case they fail in the claim made by them, they will refund the excess amount drawn by them to their employers. The arrears of interim relief w. e. f. 1/01/1986 shall be paid to these employees within one month from today.;


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