R.L. Anand, J. - (1.) THE Haryana State Electricity Board and its Chief Engineer have filed the present appeal and it has been directed against the judgment and decree dated 12.1.1999 passed by the Court of Additional District Judge, Faridabad, who reversed the judgment and decree dated 13.6.1999 passed by the Court of Additional Civil Judge (Sr. Division) who dismissed the suit of the plaintiff -respondent for declaration.
(2.) THE brief facts of the case are that Onkar Singh and 24 others whose names have been mentioned in the head note of the claim filed a suit for declaration to the effect that they were entitled to the pay scale of Rs. 1400 -2600 from the date of their five juniors who have been placed in the said pay scale. It was also pleaded by the plaintiffs that directions be given to the defendants to grant the arrears of difference of pay. The case set up by the plaintiffs in the trial Court was that they were the employees of the defendants and were working in the capacity of technician Grade -I and they have been promoted from Technicians Grade II. Five persons namely, Suresh, Tejpal Singh, Subash Chander, Om Parkash and Jagdish Chander were much junior to the plaintiffs. The plaintiffs have come to know that the said five persons have been allowed the pay scale of Rs. 1400 -2660 w.e.f. 21.5.1992. In these circumstances, the plaintiffs are also entitled to the same very pay scales which were granted to their juniors from different dates. The suit was contested by the defendants on the various pleas such as that the suit is not maintainable in the present form and that the civil court had no jurisdiction to try the suit in as much as the dispute involved fell within the gamut of Industrial Disputes Act, 1947. On merits, it was the stand of the defendants that some posts of senior technicians and technicians were existing in the Panipat Thermal Power Station in the pay scale of Rs. 700 -1250 and 600 -1100 respectively prior to 1.1.1986. These pay scales were revised to 1640 -2900 and 1600 -2660 w.e.f. 1.1.1986. However keeping in view the workload in the thermal power station at Faridabad, some posts of senior technicians and technicians were created in the lower scale of Rs. 450 -760 and 400 -700 in the year 1980. This grade was revised to Rs. 2000 -2040 and 900 -1500 w.e.f. 1.1.1986. After revision of pay scale w.e.f. 1.1.1986 some of the employees approached the civil Court for issuance of directions to the defendant -Board to give them pay scales at par with the pay scales of their counterparts working in the Thermal Plant, Panipat. This prayer was accepted by the Civil Court. The Board filed an appeal in the District Court which was dismissed. The Board has further gone in R.S.A. No. 800 of 1992 which is still pending. The appeal has been admitted. The payment of arrears has been stayed. In the light of the directions of the High Court, senior technicians and technicians were allowed the pay scale of Rs. 1600 -2660 and 1400 -2600 respectively w.e.f. 24.10.1991. The plaintiffs were not parties in the said litigation and hence they could not be allowed this pay scale.
(3.) FROM the pleadings of the parties, the trial Court framed the following issues : 1. Whether the plaintiffs are entitled to the scale of Rs. 1400 -2600 as given to this counter parts as alleged ? OPP 2. Whether the circular No. 384/Finance dated 19.8.1987 of the defendant is also applicable to the plaintiffs regarding grades as alleged, if so, to what effect? OPP 3. Whether the suit is not maintainable under section 82 of the Electricity Supply Act, 1948 ? OPD. 4. Whether the plaintiffs have no cause of action as alleged ? OPD;