MUNICIPAL CORPORATION OF DELHI Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The Water Supply and Sewage Undertaking Karamchari Union was demanding the revision of pay scales of equivalent post on the basis of pay scales revised in the Delhi Electric Supply Undertaking in September, 1967. The Delhi Municipal Corporation vide letter dated August 14, 1967 revised the pay scales of certain categories of posts in Delhi Electric Supply Undertaking which were made applicable vide order dated September 6, 1967. The demand of the Union was discussed by the Commissioner in a meeting held on September 16, 1967 and the request was acceded to the extent that grades of those posts of Water Supply and Sewage Disposal Undertaking were recommended for revision which were identical to the posts of those grades revised by the Delhi Electric Supply Undertaking. Accordingly, by the resolution No. 532 dated July 27. 1970. the pay scale of Foreman i.e Rs. 210-380 was revised to Rs. 325-20-450 2S-475.

(2.) In the meanwhile, the Third Pay Commission had been constituted with effect from April 23,1970 vide resolution of the Government dated April 23, 1970. The recommendations of the Third Pay Commission were notified by the Government of India vide Gazette of India dated November 13, 1973. The question for implementing the recommendations of the Third Pay Commission in D.W.S. & S.D. Undertaking came up for consideration before the Corporation. A decision was taken that the revision of the pay scale by the Third Pay Commission had been made with reference to the old grades as existing on January 1, 1973. Cases in which revision had been made after January 1, 1973 from old scales was a separate category. So far as this case is concerned, the existing pay scale on January 1. 1973 before the Third Pay Commission in case of Foreman was Rs. 325-20-^50-25-475. The Commissioner vested with the powers of the Corporation approved vide resolution No. 112/Corporation dated April 21,1975 on the recommendations of D.W.S. & S.D. Committee for implementing the recommendations of the Third Pay Commission in W.S. & S.D. Undertaking. The Corporation approved the revision of the pay scale of Foreman category from Rs. 325-475 to Rs. 550-20-650-25-800.

(3.) The stand of the Union was that according to the recommendations of the Third Pay Commission, the corresponding revised pay scale for this particular category of workmen was recommended as Rs. 550-25-750- EB-30-900. An industrial dispute was raised. By the order dated November 12, 1976, the Delhi Administration referred the industrial dispute between the management of the Municipal Corporation of Delhi (Water Supply and Sewage Disposal Undertaking) and its workmen (Foremen) as represented by Water Supply and Sewage Disposal Undertaking Karamchari Union to the Industrial Tribunal No I for adjudication. The term of reference is as under:-