BUREAU OF INDIAN STANDARDS EMPLOYEES UNION Vs. DIRECTOR GENERAL BUREAU OF INDIAN STANDARDS BIS

JUDGEMENT

(1.) The petitioner No. 1 is a Union and petitionerNos.2&3are employees of the Bureau of Indian Standards. They have prayed for the following reliefs:

(2.) The petitioner-Union and the petitioners 2 and 3, the employees of the first respondent claim for the grant of scale of pay of Rs. 1640-2900 with effect from 1.1.1986 in terms of Notification dated 29.10.1986on par with pay scales granted to other servants in the Central Government and Public Sector Undertakings. The first respondent is a Government organisation and that is not in dispute. The claim of the petitioners is that the Central Government had granted the scale of pay to the employees similarly situated and the other Public Sector Undertakings had also granted the pay scales following the Government of India and the first respondent has not been granting the same scale of pay to the petitioners 2 & 3 and also to the members of the first petitioner Association holding the post to which the pay scales of Rs. 1640-2900 would be appplicable.

(3.) The stand taken by the respondents is that on 31.12.1997 a Notification was issued by the first respondent by virtue of powers conferred under Section 38 of the Bureau of Indian Standards Act, 1986 amending the Bureau of Indian Standards (Terms and Conditions of Service of Employees) Regulations, 1988 granting the scale of pay with effect from the date of the Notification. In the same Notification the first respondent had decided to fill up the posts,50% by promotion and 50% bydirect recruitment. According to the first respondent the Government of India insisted on this condition and therefore thescaleof pay could not be granted to employees by the first respondent organisation and now provision has been made for recruitment and Notification has been issued. The pay scale could be granted only from the date of the Notification and not from 1986.