- (1.) The question involved in the instant appeal is the fixation of the salary of the respondents, upon their absorption in the Eastern Coalfields Limited (hereinafter referred to as "ECL"). It is one of the subsidiary companies of the Coal India Limited (for short "CIL").
(2.) The respondents were earlier employed in the Central Hospital, Kalla, which was under Coal Mines Welfare Organisation, set up and maintained by Ministry of Steel, Mines and Coal, Coal Department of the Government of India. Under the orders of the Government of India, the hospital in question was transferred to the subsidiary company of Coal India Ltd. w.e.f. 1.8.1985, and the communication in this regard had been issued on 24.12.1986.
(3.) Services of the respondents had been transferred to the Eastern Coalfields Ltd., and they had opted for their absorption with the ECL. There was a meeting on 25.7.1986, between the Joint Secretary to the Government of India and an official of Southern Coalfields Ltd. It was decided that fitment would be offered to the transferred employees in NCWA scales, which does not entail any drop in their total emoluments, and that uniform procedure in this behalf should be followed. Option form was prepared, and options had been invited in the Form (Annexure P3) dated 24.12.1986. As the pay scale already prevailed, the very pay scale for technical, clerical hospital staff already existed and the employees' salaries were to be fixed in respective grades in the corresponding scales of pay. It was also mentioned in the Office Order dated 9.1.1987, that protection to be provided to the salary also.;