Kirpal, J. - (1.) This appeal by special leave arises from the judgment of the Orissa High Court which had allowed the writ petition filed by 23 workmen of the appellants, respondents 1 to 23, and while striking down a paragraph of a circular according to which their pay was fixed, a direction was issued for re-fixation of the pay in a manner indicated by the High Court.
(2.) The respondents 1 to 23, prior to 1st January 1987, were employed as workmen by the appellants. On 20th January 1982 a seven years stagnation scheme was introduced by the appellants whereunder its employees in the highest workmen's pay scale, who had been stagnating for seven years, were promoted to the lowest officer's scale. These employees, who were workmen and were called senior operators, senior technicians etc. were, on their placement in the lowest officer's scale, designated As Assistant Foremen (AFM 'D'), Junior Officers (JO 'D') etc. On such placement in the officer's grade these erstwhile workmen were treated as officers and they received all the facilities admissible as officers.
(3.) On 30th October, 1983 a draft of settlement under S. 18 of the Industrial Disputes Act, 1947 (for short the Act) for the pay revision was finalised between the management and the workmen. Based on this on 25th February, 1984 a further settlement under S. 18 of the Act was entered into between the management of the FCI Talchar unit, the appellants, herein and its workmen. This settlement was, inter alia, for revision of various pay scales. The revised pay scales so fixed were to be effective from 1st January 1983 to 31st December, 1986, the highest scale of workmen being Rs. 915-1520. The agreement further contemplated that the next wage agreement was to be effective from 1st January, 1987. It also sought to touch upon some of the anomalies which were prevailing with respect to the implementation of seven years stagnation scheme. The relevant salient features of this agreement/settlement were that with effect form 11th August, 1986 the workmen in the higher scale on fulfilling eligibility conditions under the stagnation scheme were only to be placed (not promoted) from their existing scale of Rs. 915-1520 to the lowest officer's scale of Rs. 960-1610 and on such placement they were to be given the designation of Junior Foreman (W). On such placement the said persons were entitled to D. A. as admissible to officers but all other allowances, benefits, union membership etc., which they had as workmen, were to remain unaltered.;