Centre For Environment Education vs Workmen Employed By It

M.R. Shah, J.

1 By way of this petition under Article 227 of the Constitution of India, the Petitioner has prayed for an appropriate writ, direction and order quashing and setting aside the impugned judgment and award dated 24.4.2003 passed by the Industrial Tribunal, Ahmedabad passed in Reference (IT) No. 611 of 1989 and Reference (IT) No. 207 of 1990 with respect to promotion policy of the employees of the Petitioner.

2 Shri Keyur Gandhi, learned advocate for the Petitioner has submitted that as such after impugned judgment and award, the Government of India has already changed the policy, vide communications dated 3.3.2004 and 30.9.2010. It is submitted that as per the recent order dated 30.9.2010 issued by the Ministry of Environment & Forests, Government of India, the staff strength in the petition is directed to be remain freezed at the level of existing core staff viz. CEE 114 on scales of pay and 38 on consolidated salary; CPREEC-16 on scale of pay and 8 on consolidated salary. It is submitted by aforesaid order of future vacancies are directed to be filled up on consolidated salary basis only. It is submitted that in view of above as such the present petition has become infructuous. It is submitted that even otherwise the same is not likely to affect any other employees as even last employee had already been promoted and even union is not interested in petition. Therefore, it is requested to dispose of the present petition at this stage with a liberty in favour of Petitioner to survive the petition in case of difficulty and/ or necessity arise in future due to change in the policy by the Central Government and/ or any other eventualities.

3 The communication dated 3.3.2004 issued by the Ministry of Environment and Forests, Government of India as well as order issued by the Joint Secretary (EE) and Ministry of Environment and Forests, Government of India dated 30.9.2010 are directed to be taken on record. In view of the above, present Special Civil Application is disposed of with a liberty in favour of Petitioner to revive the petition in case of difficulty and or in future necessity arise. Rule discharged. No Costs.