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Judgment
Justice Kurian Joseph, CJ
The issue in these writ petitions pertains to the integration of the workers in Nahan Foundary and the modality thereof. Having regard to the factual matrix, we do not find any complication in this regard except the one sought to be created in between. As per the decision of the Government dated 23/27.12.1989, workers of Nahan Foundary have been integrated with the PWD/IPH department. It is settled principle and position in law that integration postulates equation of posts. Therefore, on the date of appointed day of integration, equivalent categories of posts in Nahan Foundary on the basis of scale of pay have to be integrated with the equivalent categories in the PWD/IPH department. The workers to be integrated will take their seniority below the persons in the cadre on the appointed day in PWD/IPH. In case equivalent scale of pay is not available in the PWD/IPH department, they are to be integrated to the next available scale.
Learned counsel appearing on behalf of the workers in Nahan Foundary submits that they have no dispute with regard to seniority being granted from the appointed day of integration i.e. on 1.10.1988. This submission is also recorded. Therefore, these writ petitions are disposed of as follows:-
I) The workers of the Nahan Foundary will be deemed to have been integrated in the PWD/IPH department as on 1.10.1988.
II) The workers will be adjusted according to their interse seniority in the Nahan Foundary, below the workers in PWD/IPH department in the equivalent cadre/ scale of pay as on 1.10.1988.
III). In case equivalent scale of pay is not available in PWD/IPH department, then workers of Nahan Foundary will be taken and integrated with the workers with the next available scale of pay.
IV) Thereafter, the further promotions will be governed by the seniority, as stipulated above.
It is made clear that any other award/order to the contrary will be ignored to the extent, as above. The needful action in this regard will be taken in the matter by the PWD/IPH department within a period of 4 months. The pending application(s), if any, also stand disposed of.
CMP No. 8483 of 2010 in CWP No. 5581 of 2010
The ad-interim order dated 8.9.2010 stands vacated.