SUMITAVA MITRA Vs. RITA MENON

JUDGEMENT

(1.) THE Petitioners in these Applications have alleged violation of the Order/judgment dated 27.8.2009 passed by the Hon"ble Mr. Justice S.P. Talukdar in W.P. No. 1505 of 1999 in GA No. 1280 of 2008 with W.P. No. 2394 of 1999 in GA No. 1281 of 2008. It appears from a copy of the judgment brought on record vide Annexure-P/1 in C.C. 80 of 2010 that the said judgment was delivered along with W.P. No. 2394 of 1999 and GA No. 1281 of 2008. It further appears that both the cases were heard together since his Lordship observed that identical facts and legal points were involved in those cases. Consequently both the Contempt Petitions have also been heard together and are being disposed of by this common judgment. It appears from the judgment itself that the Petitioners filed the Writ Petitions for a Direction upon the Respondents to extend the benefits of the revised pay scales w.e.f. 1st January, 1992 and to pay all arrears consequent upon such enhancement. THEy also sought cancellation of Clause 13 of the Office Memorandum dated 19.7.1995.

(2.) FROM the judgment, it is further evident that the Petitioners are all Officers of the National Jute Manufacturers Corporation Ltd. (NJMC for short), a Govt. of India undertaking. It has about 615 Officers and 23000 workers in its 6 Jute Mills. It is the only Public Sector Jute Industry in India. There are two patterns of pay scale of the Officers in Public Sector Enterprises. These two patterns are :- a) Industrial Dearness Allowance (IDA) pattern; and b) Central Dearness Allowance (CDA) pattern.

(3.) IT is further evident that in the absence of pay revision, the Petitioners continued to get the pay scale of 1987 and thereby, on an average, an Officer of NJMC was incurring a monthly loss of Rs. 6500/- and the outstanding arrears, on an average, came to the tune of Rs. 2.5 lacs on account of non-implementation of the revised pay scales of 1992 in respect of Officers of the NJMC.