NATIONAL INSURANCE COMPANY Vs. KAMAL PRAKASH ROHILA

JUDGEMENT

(1.) THIS appeal is preferred against the judgment and order of the learned Single Judge passed on 10.7.1995 in Writ Petition No. 825/91, by which the claim of the respondent of stepping up the pay scale has been allowed, by placing reliance upon the judgment and order of a learned Single Judge in Radhey Shyam Gupta v. General Insurance Corporation and Ors. 1994 (1) RLR 757. The present appellants have also filed appeal against the said judgment and order in Radhey Shyam Gupta (supra), wherein the operation of the said judgment and order has been stayed by the Division Bench and the appeal is pending for final hearing before the Jaipur Bench of this Court.

(2.) RESPONDENT is an employee of the appellant Company which floated a rationalisation scheme in 1985, amending the earlier rationalisation scheme of 1974, bracketing/bunching the employees in two or more consecutive stages together and fixing a revised pay scale for them. Thus, the scheme provided for restructuring the pay scales. For the purpose of implementation of the said rationalisation scheme, all the employees of the appellant Company were asked, either to opt for re -fixation from 01.4.1983 or from 15.10.1985. Consequences/ advantages/benefits of opting for refixation with effect from 01.4.1983 and from 15. 10.1985 were made clear and explained.

(3.) MATTER was referred to the national management and subsequently his representation was rejected and the order was communicated to him vide letter dated 7.11.1990. Being aggrieved and dis -satisfied, respondent preferred the writ petition, which has been allowed. Hence, the instant appeal by the employer Company.