Mehtab S. Gill, J. - (1.) The petitioners have prayed for the issuance of a writ in the nature of Certiorari for quashing order passed by respondent No. 3 i.e. Hafed Spinning Mills, Hansi vide which qua them (the petitioners), it had refused to implement the notification dated 12.10.1998 by which the Haryana Government gave revised pay scales. The petitioners have further prayed for issuing a writ in the nature of mandamus directing respondents No. 2 i.e. Haryana State Cooperative Supplies and Marketing Federation Limited and respondent No. 3 to implement the revised pay scales as revised by notification dated 12.10.1998 (Annexure P1) is respondent No. 3 is a subsidiary of respondent No. 2 and respondent No. 2 has revised the pay scales of all the employees working in Hafed and other productive units.
(2.) The petitioners, who are 87 in number, have averred that the State of Haryana revised the pay scales of various categories of employees of the Boards/ Corporations/Samities/Co-operative Institutions/State Enterprises as well as Universities in the State of Haryana vide notification dated 12.10.1998. Various categories were given revised pay scales, but as per clause 3 of the Notification dated 12.10.1998, it was mentioned that the Institutions/State Enterprises which had incurred losses for three years or more out of the preceding five years will not be granted pay scales as their cases were under consideration separately for the revision of pay scales. The Finance Department of the State of Haryana constituted pay revision committee to consider revision of pay scales of various categories of employees of Boards, Corporations, Companies, Co-operative Institutions in the State of Haryana. The recommendations of the committee were submitted to the Finance Department and the Finance Department adopted the report of the committee and further recommended the revision of pay scales. While recommending the revision of pay scales, the Finance Department imposed certain conditions for the implementation of the revision of pay scales. The conditions were that the new pay scales will be implemented with effect from 1.1.1996 and the arrears of pay from 1.1.1996 to 3112.1997 will be deposited in the Provident Fund Account and arrears with effect from 1.1.1998 were to be paid in cash. It has been further averred by the petitioners that respondent No. 2 had conceived a Project of Spinning Mill in the year 1975-76. This Mill came into being in 1976 and respondent No. 2 gave Hansi Co-operative Spinning Mills Limited (hereinafter called the Mill) to a credit Society by the same name. The Society took over the Mill on 1.4.1977. Even though the Society took over the Mill, the main share capital was still of the Hafed. This Society managed Hansi Co-operative Spinning Mill Limited upto the year 1985 when respondent No. 2 by a lease deed dated 4.7.1985, copy Annexure R2/1 with the written statement of the respondents, took over the Mill initially for a period of five years and after the expiry of five years, the lease deed was extended for another 10 years. As of today, respondent No. 2 is managing this Mill for all intents and purposes. After taking over the Mill, it was titled as Hafed Spinning Mill, Hansi. Additional Managing Director of respondent No. 1 i.e. Hafed is in full control of respondent No. 3. He was also functioning as General Manager of respondent No. 3.
(3.) The petitioners have further averred that employees of respondents No. 2 and 3 are being transferred with each other and, thus, it is clear that the posts with respondents No. 2 and 3 are inter-changeable. It has been further averred that respondent No. 3 is a subsidiary of respondent No. 2 for all intents and purposes and in fact the employees of respondent No. 3 were being transferred to other productive units of Hafed.;