- (1.) These two cross appeals arise out of the judgment dated June 19, 1989 of the Central Administrative Tribunal, Cuttack Bench (for short, "the Tribunal") on a writ application filed by Suryanarayan Sahu (appellant in Civil Appeal No. 507 of 1993). At the relevant time, Sahu was working as a senior Draughtsman in the Regional Research Laboratory, Bhubaneshwar, a unit of the Council of Scientific and Industrial Research (CSIR). While Sahu is aggrieved by the impugned judgment in not granting him pay scale of Rs. 425-700/- from 1-1-1973 as Junior Draughtsman and as senior Draughtsman in the pay scale of Rupees 550-900/- from 29-4-1974, Union of India is aggrieved as the Tribunal in the impugned judgment directed that Sahu be given pay scale of Rs. 425-700/- w.e.f. 29-4-1974.
(2.) Genesis of the dispute lies in the Third Pay Commission's Report which the Central Government decided to implement from 1-1-1973 and rules applicable to the employees working in the CSIR.
(3.) CSIR is a society registered under the Societies Registration Act. Rules and Regulations and Bye-laws govern the functioning of the CSIR. Under Rule 29, the affairs of the CSIR shall be administered, directed and controlled, subject to Rules and Regulations and Bye-laws and Orders of the Society, by the Governing Body. We do not have to refer to the Rules and Regulations and Bye-laws of the CSIR in details as these are not in controversy. Under Bye-law 12, conditions of service of officers and staff of CSIR are governed by the Central Civil Services (Classification, Control and Appeals) Rules and the Central Civil Services (Conduct) Rules for the time being in force. Under Bye-law 14, the scales of pay applicable to all the employees of the society shall not be in excess of those prescribed by the Government of India for similar personnel, save in the case of specialists. Under Bye-law 15, in regard to all matters concerning service conditions of employees of the Society, the Fundamental and Supplementary Rules framed by the Government of India and such other rules and orders issued by the Government of India from time to time shall apply to the extent applicable to the employees of the Society. Bye-laws 14 and 15 of the CSIR framed by the Governing Body are as under : "14. The scales of pay applicable to all the employees of the Society shall not be in the excess of those prescribed by the Government of India for similar personnel, save in the case of specialists. 15. In regard to all matters concerning service conditions of employees of the Society, the Fundamental and Supplementary Rules framed by the Government of India and such other rules and orders issued by the Government of India from time to time shall apply to the extent applicable to the employees of the Society. Notwithstanding anything contained in this Bye-law, the Governing Body may establish and maintain Schemes providing for benefits to employees of the Society on Superannuat-ion/Retirement.;