Tapen Sen, J. - (1.) THE Petitioners in these Applications have alleged violation of the Order/judgment dated 27.8.2009 passed by the Honble Mr. Justice S.P. Talukdar in W.P. No. 1505 of 1999 in GA No. 1280 of 2008 with W.P. No. 2394 of 1999 in GA No. 1281 of 2008. It appears from a copy of the judgment brought on record vide Annexure-P/1 in C.C. 80 of 2010 that the said judgment was delivered along with W.P. No. 2394 of 1999 and GA No. 1281 of 2008. It further appears that both the cases were heard together since his Lordship observed that identical facts and legal points were involved in those cases. Consequently both the Contempt Petitions have also been heard together and are being disposed of by this common judgment. It appears from the judgment itself that the Petitioners filed the Writ Petitions for a Direction upon the Respondents to extend the benefits of the revised pay scales w.e.f. 1st January, 1992 and to pay all arrears consequent upon such enhancement. THEy also sought cancellation of Clause 13 of the Office Memorandum dated 19.7.1995.
(2.) FROM the judgment, it is further evident that the Petitioners are all Officers of the National Jute Manufacturers Corporation Ltd. (NJMC for short), a Govt. of India undertaking. It has about 615 Officers and 23000 workers in its 6 Jute Mills. It is the only Public Sector Jute Industry in India. There are two patterns of pay scale of the Officers in Public Sector Enterprises. These two patterns are :- a) Industrial Dearness Allowance (IDA) pattern; and b) Central Dearness Allowance (CDA) pattern. In the NJMC, only the IDA pattern was being followed unlike many other Public Sector Enterprises where both the patterns are followed. It was their further case that the State Governments and the Central Government appoint pay commissions from time to time for revision of the pay scale of employees but, so far as NJMC employees are concerned, pay revisions are dealt with by the Department of Public Enterprises, Ministry of Industries, Govt. of India. Such pay revisions are taken up by the said Department in the absence of Associations or their Representatives who are not parties before the said Department unlike other Govt. employees. It is further evident from the judgment that it was the Petitioners further case that by an Order of the Supreme Court of India, the pay scales of CDA pattern employees in 69 Public Sector Enterprises under the Govt. of India were revised including those Public Sector Enterprises where the IDA pattern was being followed but where salaries had not been revised. By an Order dated 7.5.1999, the Supreme Court revised the salaries of even the IDA pattern Officers in certain PSUs who were otherwise barred from getting revision of the 1992 pay scale under the same Clause by which Officers of the NJMC were denied the revision of pay scales of 1992. It was their further grievance, as would appear from the judgment itself, that the pay scales of Officers under the IDA pattern in PSUs under the Govt. of India is normally revised after every five years, while for CDA pattern, the revision is related to the recommendations of the pay commission for Central Government employees as per the Order of the Supreme Court. The last revision under the IDA pattern was made w.e.f. 1.1.1992 but the pay scales of the officers of the NJMC as well as those of many other PSEs were not revised because of the aforesaid Clause 13 of the Office Memorandum dated 19.7.1995, which, reads as follows:- For such PSEs registered with the BIFR, pay revision and grant of other benefits will be allowed only if it is decided to revive the unit. The revival package should include the enhanced liability on this account. The benefit of pay revision, etc. shall be extended to IISCO and financial liability thereof shall be met by SAIL.
(3.) IT is further evident that in the absence of pay revision, the Petitioners continued to get the pay scale of 1987 and thereby, on an average, an Officer of NJMC was incurring a monthly loss of Rs. 6500/- and the outstanding arrears, on an average, came to the tune of Rs. 2.5 lacs on account of non-implementation of the revised pay scales of 1992 in respect of Officers of the NJMC. According to the Petitioners, the Govt. had therefore, adopted a discriminatory policy in formulating the pay scales of Officers of the NJMC. Firstly, they discriminated between the Central Government Employees and Public Sector Employees and secondly, they discriminated between the Public Sectors on the basis of sickness and they also discriminated between the sick public sectors which were referred to the BIFR and those public sectors which were not so referred. The NJMC fell under the category where it was a sick undertaking referred to the BIFR. According to the Petitioners, the sickness of any public sector could not be attributed to its employees as it could be due to various factors. They further pleaded that Justice Mohan Committee report of 1997 was critical of any discrimination and as such, enforcement of Clause 13 of the aforesaid Memorandum was bad. It was also illegal because the Supreme Court had directed the employees of the National Textile Corporation to get clearance regarding Clause 13. The BIFR considered the issue and stated that they were unable to comment on the rationale of the said Memorandum owing to some administrative reasons like fund constraints etc. In the opinion of the BIFR, allowing a major chunk of employees belonging to the CDA pattern including those belonging to the Central Government Undertakings, their pay revisions as well as arrears and depriving the IDA pattern employees was irrational. They further grieved that although the Govt. of India on BIFR clearance, has to pay IDA pattern revised pay scales but their inaction was illogical.;