- (1.) The present writ petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of writ in the nature of mandamus directing respondents to grant the pay scale of Rs.1640-2900 to the petitioners (Foremen) equivalent to that foremen working in the Haryana Government w.e.f 01.05.1990 along with interest.
(2.) Petitioners are working in Haryana Land Reclamation and Development Corporation Ltd (for short respondent-Corporation) and are posted in various places in its branches. The respondentCorporation is wholly owned and controlled by State of Haryana and thereafter, Haryana Government revised to pay give pay scale to its employees w.e.f 01.01.1986 and placed the foremen in the pay scale of Rs.1600-2660/-, which was further modified to Rs.1640-2900 w.e.f 01.05.1990, vide Haryana Government letter dated 23.08.1990 (P-1). Petitioners gave a representation dated 18.03.1991 (P-2) to respondent No 2 to release the scale of Rs.1640-2900 w.e.f 01.05.1990 to the petitioners. Thereafter, meeting of the Board of Director of respondent-Corporation was held on 16.09.1993, who approved the revision of pay scale of the Deputy Manager, Service Manager and Foremen in their meeting held on 29.07.1993. The pay scale of Rs. 1640-2900 was approved for foremen w.e.f 01.05.1990. But respondent No. 2 revised the pay scale of Service Engineer and Deputy Manager vide order dated 12.01.1994 (P-4) but the pay scale of foremen were not revised.
(3.) Petitioners again gave a representation dated 20.01.1994 (P- 5) to respondent No. 2 requesting for revision of pay scale of the foremen to Rs.1640-2900, as the same scale is being paid in other Corporation/Board and in Haryana Government Department. On notice a written statement has been filed on behalf of respondent No. 1 admitting that the petitioners are working as Foremen in the respondent-Corporation and took a stand that the Board while revising the pay scale of the petitioners to Rs.1640-2900 w.e.f 01.05.1990 subject to the approval of Standing Committee on Public Enterprises duly constituted by Haryana Government vide notification dated 20.11.1989 (R-1) for creation of posts and grant of scale etc. Petitioners are seeking their equation of pay scale with that of Foremen working in the Transport department but the prayer of the petitioners was declined as there is difference between job reliability and responsibilities between the two. Due to closing of land levelling activities, respondent-Corporation has retrenched 91 employees and at present respondent-Corporation is having only one foremen namely J.D. Beniwal and other petitioners have been reverted as Mechanics. J.D. Beniwal is required to supervise only a fleet of sixteen tractors while a foremen in the State Transport Department is supervising maintenance and repair work of more then hundred buses and have to work under difficult conditions and constraints.;