P.Khastgir, J. - (1.) Being aggrieved by an order passed by a Learned Judge of this Court, the present appeal had been preferred.
(2.) The appellants contended that there had not been any willful or contumacious violation of the order and/or direction given by the Hon'ble Mr. Justice Umesh Chandra Banerjee on 21st of March, 1986. On the contrary there had been due compliance of the said order. In any event when to views can be taken regarding the scope and effect of the said order and if the view taken by the appellants was a possible and reasonable view then in that event there could be no question of disobedience of the said judgment and order dated 21st of March, 1986.
(3.) On 21st March, 1986, in a writ petition under Article 226 of the Constitution of India the learned Judge in his judgment observed that inequality amongst the members of the staff as regards the employees of the registered once and the mills of the National Textile Corporation was the key point for consideration in the said writ petition. The writ petitioners in the said application contended that the discrimination was not only apparent but glaring inasmuch as there was desparity of pay scales for the persons discharged similar function. Whereas the respondents contended that a/though there was disparity in pay scale but that was permissible and/or justified on the ground that the principle of equal pay for equal work could not be the guiding factor in determining the pay scale between two sections of the respondents in view of the dissimilar services rendered by the employees concerned. Hence, the same could not be the guiding principle to achieve such goal. The learned Judge in the said order itself although observed that in a socialist state disparity of income among the same classes of employees cannot and should not be allowed to continue and classification, if any between the head office employees and the mill staffs was wholly misconceived but then again the learned Judge observed in the said order and/or judgment that there could be no such classification between the employees who are employed in the mills and/or the head office, when they are all employees of National Textile Corporation provided of course they are discharging similar responsibilities either at the mill or at the head office. In the said judgment there was no mandatory direction and/or order by the court below directing the respondents authority to remove the desparity on the contrary the court observed "though in the interest of justice a mandatory order probably would have served best but by reason of some procedural aspect the matter is sent back to the respondent authority for consideration of the matter with utmost expedition so as to amelurate the grievances of the petitioners in the light of the observation made herein".;