- (1.) THIS writ application is filed by the petitioners for a direction upon the respondents to implement the scale of pay of the officers and managerial staff of the Britannia Engineering Co., Ltd., (Government of West Bengal Undertaking) (hereinafter referred to as the respondent company) as per of West Bengal Services(Revision of Pay and Allowance) Rules, 1990 (hereinafter referred to as the ROPA, 1990) merging Dearness Allowance at 608 point Consumer Price Index and thereafter fixing the pay as per West Bengal Services(Revision of Pay and Allowances) Rules, 1998 (hereinafter referred to as the ROPA 1998) by merging DA at 1510 point of Consumer Price Index.
(2.) BRITANNIA Engineering Company Ltd., started its operation in the year 1979 under private management. The above company declared closure in the year 1970. In the year 1973 the above company went into liquidation. The management of Titagarh unit was taken over by the Government of India under industries(Development and Regulation) Act, 1951, appointing M/s. Westinghouse Saxby Farmer Ltd. to run the management of the above undertaking. The Government of West Bengal acquired the above undertaking on August 1, 1985 and BRITANNIA Engineering Co., Ltd., (Government of West Bengal Undertaking) was created in April 1986 for taking over the assets of the above company. The assets of Titagarh unit of erstwhile BRITANNIA Engineering Co. Ltd., were vested in the respondent company with effect from July 3, 1986 on liquidation. The Board of Directors of the company was appointed by the Government of West Bengal. Out of about 1215 employees of the respondent company 1151 employees approximately were covered under the Tripartite Engineering Wage Settlement. About 64 employees of the level supervisors and above were not covered by the above wage settlements. By a resolution no.805-F dated June 30, 1987 the Government of West Bengal constituted the third Pay Commission. The above pay commission was entrusted with the study the pay structure and other allowances of the employees of statutory bodies, corporations etc., who were under the administrative control of the State of West Bengal which included the above employees of the respondent company. The aforesaid Third Pay Commission observed in its recommendation that from April 1, 1997 that Britannia was under the management of M/s. Westinghouse Saxby Farmer Ltd. The pay structure of its above employees was similar to that of similar categories of employees of M/s. Westinghouse Saxby Farmer Ltd.. With effect from September 1, 1979 an ad-hoc increment of Rs.50/- was granted to all categories of employees of the respondent company without the approval of the Government of West Bengal though the management of the respondent company developed on the Government of West Bengal. The Third Pay Commission further observed that with effect from August 1, 1986 the employees of the respondent company were also enjoying Dearness Allowance at Government rates following grant of Dearness Allowance to M/s. Westinghouse Saxby Farmer Ltd. at State Government Rate.
(3.) AFTER considering the aforesaid aspects, the Third Pay Commission suggested that the pay-scales of the aforesaid employees of the respondent company were required to be adjusted downwards to bring parity or near parity with emoluments of similar employees of other statutory bodies and corporations under the administrative control of the State Government. The Third Pay Commission recommended rectification of the aforesaid anomaly and recommended grant of scale of pay for various classes of employees of the respondent company in recommending the pay-scales of those employees of the respondent company as aforesaid the Third Pay Commission also put on record that the proposed pay-scales were linked to All India Average Price Index for Industrial Workers (1982 = 100) which stood at 193 on March 31, 1991. The Third Pay Commission suggested on April 1, 1991 as the date of giving effect to its recommendation. Accepting the above recommendations, the Government of West Bengal sent it to the respondent company for implementation. The said company framed Britannia Products & Services (Revision of Pay & Allowances) Regulation, 1992 which came into force with effect from April 1, 1991. The Government of West Bengal constituted a Fourth Pay Commission by virtue of resolution no.11831-F dated November 27, 1995 to examine the pay structure and other conditions of service of the State Government Employees as also the employees of undertakings, statutory bodies, corporations etc., under the administrative control of the State Government which included the respondent company. The above Pay Commission recorded in its report that the Pay Commission could not make recommendation in respect of proposed structure of emolument of 21 manufacturing units including the respondent company within December 12, 1999, i.e. the time fixed by the Government, due to time constraint.;