Monoranjan Mallick, J. - (1.) The National Projects Construction Corporation Ltd. Workers Union of India and two (of) its members have filed this writ petition praying for a writ of mandamus directing the Respondents to sanction, release and pay interim relief to their workmen-employees in terms of the Government Order/Notification dated 8.9.1987 and Office Memorandum dated 5.4.1988.
(2.) The petitioners state as follows : In terms of Bureau of Public Enterprises Memorandum dated 8th September, 1987 the workers/employees of Respondent Corporation are entitled to get the interim relief in terms of the said memorandum. But in spite of the fact that the said Memorandum is squarely applicable to and binding upon the Management of the Respondent-Corporation they wilfully refused to pay in terms of the said memorandum of the Bureau of Public Enterprises. The employees of the public sector enterprises including the employees of the Respondent No. 1 raised demand for payment of interim relief as no ad hoc relief was granted to them as was given to the Executives and Supervisors employed in different public sector enterprises on the basis of an earlier similar notification issued by the Bureau of Public Enterprises, Government of India being dated 1.4.1987. After considering the said demand for the interim relief made by the non-executive employees of the Public Sector Enterprises and holding several discussions and meetings with the representatives of the Trade Unions representing the said employees the Government of India through the Bureau of Public Enterprises issued the Notification dated 8.9.1987 authorising the management of all the Public Sector Enterprises for sanction and payment of interim relief to their non-executive employees as they have already done with respect to their executives with effect from 1.1.1986 at the rate mentioned in the said notification which is Rs. 100/- per month in respect of those employees drawing basic pay up to Rs. 700/- per month and interim relief at the rate of Rs. 120/- per month in case of employees drawing above Rs. 700/- up to Rs. 1000/-.
(3.) Even though the Management of the Respondent-Corporation was and is authorised as a public sector enterprise to sanction and pay the said interim relief to the employees of the said Corporation but has not honoured or implemented the said notification. Hence this writ petition. The Respondent Nos. 1 to 4 contest the writ petition by filing an affidavit-in-position.;