- (1.) The PGI Medical Technologists' Association, Chandigarh (for short, the Association) has moved this Court for a mandate to the respondents to pay them interest on the delayed payment of arrears of salary following enhancement of pay scales of Technicians with effect from January 1, 1986, in this petition under Articles 226/227 of the Constitution.
(2.) Post Graduate Institute of Medical Education and Research, Chandigarh (the PGIMER, for brevity) accepted the recommendations of the Central Fourth Pay Commission and allowed central pay scales to its employees, including the technical staff vide letter contained in Endst. No. PGI-MA-87/21164-21259, dated February 26, 1987, with effect from January 1, 1986. The following revised grades were given to the Technical Staff:- - Designation Existing grade Revised grade Jr. Lab. Technician Rs.3 80-560 Rs. 1320-2040 Sr. Lab Technician Rs.425-700 Rs. 1400-2300 Technical Asstt. Rs.550-900 Rs. 1640-2900 All the employees except the Technical Staff were satisfied with the revised pay scales as recommended by the 4th Central Pay Commission. The Technical Staff was dissatisfied with the revised pay scales. The demands of the Association were considered by the Ministry of Health and Family Welfare, Government of India on July 24, 1991. The representatives of the Association joined the deliberations. In the meeting the revised pay scales were recommended as under: Designation As per 4th Central Pay Commission recommendation Pay -scales recommendeds Jr. Lab. Technician Rs. 1320-2040 Rs. 1400-2300 Sr. Lab Technician Rs. 1400-2300 Rs. 1640-2900 Technical Asstt. Rs. 1640-2900 Rs. 2000-3200 The revised pay scales were recommended w.e.f. January 1, 1986 and the representatives of the Association accepted the same. However, the association went back from the agreement and disclaimed to accept the revised pay scales as recommended by the Committee. It put up a fresh charter of demands on November 27, 1-991. They went on strike from October 28, 1991 to December 20, 1991 ignoring the various appeals made by the Director, PGIMER to solve their issues. The demands of the Association were referred by the Home Secretary, Chandigarh Administration to the Labour-cum-Industrial Tribunal, Union Territory, Chandigarh, under Section 10(1)(c) of the Industrial Disputes Act for adjudication, vide order contained in No. 13/l/3022/HII(4)-91/24378, dated December 18, 1991. The following dispute was referred to the Labour-cum-Industrial Tribunal for adjudication: "(i) Whether the demands mentioned in the demand notice dated 27.11.1991 with its Annexures made by the General Secretary, the PGI Medical Technologists Association, Chandigarh to the Director, Post- Graduate Medical Institute of Medical Education and Research, Chandigarh are genuine and justified. If so, to what effect and to what relief the union is entitled to, if any? (ii) Whether orders of termination of services of nine Medical Technologist mentioned in the Annexure issued during the period of strike were illegal. If so, to what effect and to what relief the workers are entitled to, if any? (iii) Whether orders of suspension of Sh. Jeet Singh, Senior Medical Technologist and Mr. Charan Singh, Junior Medical Technologist issued during the period of strike was by way of victimisation or not. If so, to what effect and to what relief these workers are entitled to, if any? (iv) Whether the order of break in service of Medical Technologists, mentioned in the Annexure were illegal. If so, to what effect and to what relief these workers are entitled to, if any? (v) Whether orders of deduction of earned wages from the wages of October, 1991 of Medical Technologists are illegal. If so, to what effect and to what relief these workers are entitled to, if any?
(3.) The Labour-cum-Industrial Tribunal is seized of the dispute. During the pendency of the dispute, the Governing Body of the PGIMER in its meeting held on February 19, 1992, recommended payment of revised pay scale to the Technical Staff working in the PGIMER w.e.f. January 1,1986. The petitioner's members have been paid the arrears.;