Shri. M.R. Sudharshana Gowda and Others vs The Chairman and Managing Director, HMT Limited and Others

Anand Byrareddy, J.—The learned Counsel for the fourth Respondent would submit that the Department of Heavy Industries, which is the Controlling Authority and administrative head of the first Respondent is a necessary party to this petition. The learned Counsel for the Petitioners would readily agree and seeks permission to amend the writ petitions to implead the fifth Respondent as a party-Respondent. Accordingly, permission is granted.

It is seen that the limited prayer of the Petitioners is that representations have been made to consider the pay fixation of the Petitioners and the said representations have not been acted upon by the fifth Respondent even though there is a direction by the fourth Respondent to consider the same and pass appropriate orders.

The Petitioners have stated that they are the employees of the HMT Watch Factory-IV at Tumkur and they are all Officers/Supervisory in PS (pay scale) category. They were all appointed between 1979 and 1991. Particulars in this regard are furnished at Annexure-"A" to the writ, petition. It is stated that the first Respondent announced revision of pay scales on 25.10.1995 for Officers holding posts below the Board Level with effect from 1.1.1992. This was for a period upto 31.12.1996. As per the revised pay scales, the pay of the Officers were revised taking into consideration the basic pay on the existing pay as on 31.12.1991 plus the industrial dearness allowance as on 31.12.1991 with fitment benefit at the rate of 20% of basic as on 31.12.1991 plus personnel pay/allowances/dearness allowance which were payable along with existing basic pay as per the guidelines of the Government, Ministry of Heavy Industry. It is stated that in respect of the workmen category, the first Respondent entered into a settlement with the workmen regarding the wage revision of the workmen as on 23.4.1995 and it was revised with effect from 1.1.1992 and the minimum wage grade was fixed. The revised wage grade was open ended, unlike officers pay revision, which was closed in the pay scale. Further, the rate of annual increment in the revised pay scale were to be calculated on a percentage, ranging from 2.5% to 4.25%, as applicable for each grade thereby assuring the workman of increased basis pay and wages every year. This was to be in force upto 31.12.1996. It is stated that pursuant to the wage revision granted in the year 1995, the Supervisory Grade Officers and the Executives were not given any further revision, although the settlement came to an end on 31.12.1996. This was apparently in view of the financial condition of the Respondent company, which was not very strong. Therefore, the All India KMT Officers Federation made a representation requesting for pay revision of Officers with effect from 1.1.1997 in terms of the recommendations of Justice Mohan Committee. There was no response to the same. On the other hand, the workmen cadre continued to draw annual increments and thereby an anomaly was created whereby the workmen were drawing more wages than the salary paid to the Officers and Supervisors. It is in this background that the Petitioners have made repeated representations from the year 2002 to 2009 pointing out the disparity and seeking relief. It is in that background that the present petitions are filed.

It is further pointed out that in terms of Annexure-"J" dated 26.5.2009, the fourth Respondent has issued specific directions to the Department of Heavy Industries to address the anomaly and grant such reliefs the Petitioners may be entitled to. In that view of the matter, the representations by the Petitioners, which are stated to be pending with the Respondents shall be considered expeditiously and appropriate orders be passed in the interest of justice in accordance with law.

Having regard to the facts and circumstances that the Petitioners are seeking this relief for more than one and a half decades, it is appropriate that the Respondents take expeditious action, at any rate, within three months from the date of receipt of a certified copy of the order.