S.P. Talukdar, J. - (1.) The employees of certain Public Sector Enterprises filed several writ petitions with regard to pay revision of the Central Public Sector Employees following Central Dearness Allowance (hereinafter referred to as 'CDA') pattern in 69 Public Sector Enterprises of the Government of India. In pursuance of the directives given by the Hon'ble Supreme Court on 14th March, 1986 in connection with those writ petitions, the Government of India appointed a High Power Pay Committee on 7th April, 1986 under the Chairmanship of the Hon'ble Mr. Justice R. B. Misra (as His Lordship then was), which gave its final report to the Government of India on 24th November, 1988 recommending Central Government pay structure for all the 69 Public Sector Enterprises including National Instruments Limited, being respondent No. 1 herein. By judgment dated 3rd May, 1990, the Apex Court directed implementation of the recommendation of the High Power Pay Committee Report. Ministry of Programme Implementation, Department of Public Enterprises, Government of India issued an office Memorandum No. 2(43)/90 -DPE(WC) dated 12th June, 1990 regarding implementation of the recommendations of the said High Power Pay Committee.
(2.) Para 3(iii) of the office Memorandum dated 12th June, 1990 provides that all employees following 3rd Central Pay Commission Dearness Allowance pattern appointed on or after 1st January, 1986 but before 31st December, 1988 would be deemed to have been appointed in the revised scales. In para 11 of the Memorandum dated 12th June, 1990 which dealt with 'next pay revision', it was stated that 'the employees in respect of whom the recommendations of the HPPC are now being implemented under orders of the Supreme Court dated 3.5.1990 would get pay revision only as and when similar changes are effected for the Central Government employees (Supreme Court judgment dated 3.5.1990).'
(3.) The National Instruments Limited was, however, declared a Sick Industrial Company on a reference to the Board for Industrial and Financial Reconstruction (hereinafter referred to as 'BIFR') under Sec. 17 of the Sick Industrial Companies (Special Provisions) Act, 1985. The Government of India, Ministry of Industry, Department of Public Enterprises issued one office memo No. 2(42)/97 -DPE(WC) dated 24th October, 1997 in the matter of pay revision of the Central Public Sector employees following CDA pattern in 69 Public Sector Enterprises including the NIL. It was stated that the pay scales in respect of all the Public Sector Enterprises would be revised w.e.f. 1st January, 1996 as per judgment of the Hon'ble Supreme Court dated 3rd May, 1990 on the recommendations of the High Power Pay Committee. There was a Memorandum of Settlement arrived at 6th October, 1997 after protracted negotiation between the management of NIL and the Unions for rehabilitation. The employees in the best interest of revival of the NIL agreed that the status quo in respect of existing pay scales would be maintained for a period of at least three years. On expiry of the stipulated period of three years, the rights and privileges, so far sacrificed may revive, as if the same have never happened. It was further agreed that the arrears accruing out of the arrangement as mentioned in Clause 7.5.2 would be sacrificed by the employees. The management was to revive the position at the end of each financial year.;