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Judgment
Aradhana Johri, Member (A):
The applicants, who are Staff Nurses, along with others filed OA No.2570/2014 seeking following main reliefs:-
(i) to grant them "salary, allowances, leave and other monetary benefits in the nature of basic pay in the applicable grade to post of Staff Nurse + Grade Pay + Dearness Allowance + House Rent Allowance + Travel Allowance + Washing Allowance + Nursing Allowance as well as Casual Leave, Earned Leave, Medical Leave entitlements including benefits under the Maternity Benefits Act, 1967 at par with regularly appointed Staff Nurses of Respondent No.3;
(ii) to revise their pay on a par with regular Staff Nurses w.e.f. their respective dates of initial engagement on contract basis."
The OA was allowed by this Tribunal vide order dated 23.02.2017 with the following directions:-
"5.2 However, if some provision of the contract is found to be unconscionable or attracts the frown of section 23 of the Contract Act 1872, the same cannot be legally sustained. In the instant case, the contractual monthly remuneration of Rs.17,140/- (consolidated) can only be said to be unconscionable, rather immoral. In this view of the matter and also keeping in view the identity in quality and quantity of work being performed by the applicants and regular Staff Nurses, we are of the view that the respondents can be directed to revise the same and pay to the applicants the salary, allowances and other perquisites as admissible to regular Staff Nurses on their initial appointment. And, we hereby so direct. The arrears due to the applicants 14 w.e.f. the date of filing of this OA shall be calculated and paid within four weeks from the date of receipt of a copy of this Order."
Against non-compliance of the Tribunal's aforesaid order, the applicants filed this Contempt Petition. On 29.04.2019, the respondents stated that they had already partly complied with the orders of this Tribunal by issuing office order dated 19.03.2019. They further stated that Hon'ble High Court of Delhi was seized of the matter in WP (C) No.12632/2018 filed by them.
In view of pendency of the matter before the Hon'ble High Court, the Tribunal vide order dated 29.04.2019 closed the CP and discharged notices with liberty to the applicants to avail remedies, in accordance with law, once the WP(C) is finally disposed off. The said Writ Petition was dismissed by the Hon'ble High Court vide order dated 15.07.2019 whereby the order of the Tribunal was upheld. The relevant portion of the order reads as under:-
"7. We see no reason to take a different view than the earlier view taken by this court and coordinate Division Bench of this Court. We may also add that the SLP filed against the decision in the case of Victoria Massey (supra), was dismissed.
Consequently, we find no merit in this petition and no infirmity in the order passed by the Tribunal. Therefore, the writ petition as well as the pending applications are dismissed."
Consequently, the applicants filed MA No.2589/2019 for reviving the CP, which was allowed by the Tribunal vide order dated 16.08.2019 and the CP was revived.
In the meantime, the respondents challenged the order of the Hon'ble High Court before the Hon'ble Apex Court by way of SLP No.46635/2019, which is still pending. On 31.01.2020, the Hon'ble Apex Court passed the following order:-
"Delay condoned.
Issue notice returnable in four weeks.
We have been informed that the contractual staff nurses have been paid minimum of the scale which roughly amounts to Rs.50,000/- (Basic +D.A.). The dispute pertains to the other allowances.
Stay of the operation of the other allowances in the meanwhile."
It is clear from the above that the first part of the relief, which pertains to salary equivalent to the minimum of the scale, has been settled. The Hon'ble Apex Court has stayed the operation of this Tribunal's order pertaining to "other allowances".
In light of the order of the Hon'ble Apex Court, this CP does not sustain and the same is accordingly closed. Notices are discharged. However, the applicants are at liberty to avail their remedies, in accordance with law, once the SLP is finally disposed of.