GUWAHATI, India, Oct. 9 -- Gauhati High Court issued the following order on Sept. 9:
Heard Mr. A. Dasgupta, the learned Senior Counsel assisted by Ms. B. Das, the learned counsel appearing on behalf of the petitioners. Mr. K. Kalita, the learned counsel appears on behalf of the respondent No.1 and Mr. S. Sarma, the learned counsel appears on behalf of the respondent No.2.
2. The petitioners herein who are in total 145 are retired employees of the respondent No.1. It is the case of the petitioners that a settlement took place between the employees of the respondent No.1 and the Management in the year 2003 relating to the wage payable. The said settlement expired on 31.12.2006. After the expiry of the said settlement, another settlement was arrived on 20.09.2011 w.e.f. 01.01.2007. However, this settlement was not implemented. On 05.04.2013, the Ministry of Chemicals and Fertilizers issued a communication to the Chairman-cum-Managing Director of the respondent No.1 in relation to pay revision of the employees of the respondent No.1. In terms with the said letter, it was informed that the Competent Authority had conveyed the approval for increase in the pay of regular employees by a fixed amount equal to 20% of the Basic and DA of the individual on the existing scale as on 01.01.2007 payable w.e.f. 01.01.2010 as per the provisions of Clause 4 of the Office Memorandum dated 26.11.2008. In the said communication dated 05.04.2013, it was categorically mentioned that the fixed amount would not attract Provident Fund and any other allowances and should be strictly in accordance with the Office Memorandum dated 26.11.2008 wherein besides other instructions, it was specifically laid down that additional financial implication on account of the above increase has to be borne by the Central Public Sector Enterprise (CPSE) concerned from their own resources and no budgetary support would be provided by the Government.
3. Subsequent thereto, on 30.05.2016, the Ministry of Chemicals and Fertilizers, Department of Fertilizers, Government of India had intimated the Chairman-cum-Managing Director of the respondent No.1 thereby conveying the approval of the Hon'ble Minister (Chemicals and Fertilizers) for grant of DA, perks, NE allowance and PF on 20% of the Basic Pay as on 01.01.2007 w.e.f 01.06.2015 to all regular employees in lieu of fixed amount of 20% of Basic pay and DA on existing scale w.e.f. 01.01.2010 granted earlier vide the communication dated 05.04.2013 as per the provisions of Clause 4 of the Office Memorandum dated 26.11.2008. It was further mentioned that the financial implications of the account of above increase has to be borne by the Respondent No.1 from their own resources and no budgetary support would be payable by the Government.
4. The petitioners thereupon submitted representations to the Chairman-cum-Managing Director of the respondent No.1 on 28.07.2016 claiming that they are entitled to the benefit on the basis of the Memorandum of Settlement dated 20.09.2011.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=7yg5D%2FmJmLJFbv9l4Wl3vSUnLwIX26i4h39Tw4nYreIKm%2FaFWBWTqBbAqOuypn9s&caseno=WP(C)/7062/2016&cCode=1&cino=GAHC010030742016&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
