Full Judgment Text
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CASE NO.:
Special Leave Petition (civil) 7000 of 2004
PETITIONER:
Union of India and Ors.
RESPONDENT:
Carpenter Workers Union and Ors.
DATE OF JUDGMENT: 30/11/2006
BENCH:
Dr. AR. Lakshmanan & Tarun Chatterjee
JUDGMENT:
JUDGMENT
Dr. AR. Lakshmanan, J.
The above Special Leave Petition was filed against the judgment and order
dt.01.10.2003 passed by the High Court of Delhi Civil Writ petition No.
7454/2001 wherein the High Court dismissed the petition preferred by the
Union of India and Others through the Secretary, Ministry of Information
and Broadcasting; the Director General, All India Radio, New Delhi and the
Chief Engineer (North Zone), Akashwani and Doordarshan, Jamnagar House, New
Delhi.
The Delhi High Court has relied upon the order passed by the Calcutta High
Court in WPCT No.505/99 dt.08.07.2002 which was challenged by another SLP
No......CC 11231/2003. The said SLP was filed by the Chief Engineer (East
zone) against P. Bhakta and Ors. The said SLP was dismissed by this Court
on 08.01.2004 on the ground of delay. Subsequently, a Review petition was
filed by the Chief Engineer (East Zone), All India Radio and Television and
the said Review petition was also dismissed by this Court on 12.08.2004.
Thereafter, the Prasar Bharti (Broadcasting Corporation of India),
Directorate General All India Radio (Planning and Development Unit) by
their Order dt.29.9.2004/8.10.04 passed an order pursuant to the Central
Administrative Tribunal’s order dt.06.08.1999 passed in O.A.No.114/91 in
the matter of Sh. P.Bhakta and Ors. v. Union of India and Ors,. By the
said order, the [ay scale of seven applicants of the aforesaid O.A. working
as Carpenters in the office of Chief Engineer (East Zone), All India Radio
and TV, Kolkata under Prasar Bharti (Broadcasting Corporation of India)
(Director General : All India Radio) under Ministry of I and B was upgraded
to Rs.1200-1800 notionally w.e.f. 01.01.86 and the revised pay scale pf
Rs.4000-6000 actually w.e.f. 01.01.1996 only in the case of applicants. It
is also stated in the said order that the order was issued with the
approval with the Ministry of Information and Broadcasting and concurrence
of Integrated Finance Division of I and B vide their endorsement
No.1038/2004. Since the order of the Central Administrative Tribunal has
already been complied with in respect of East Zone Carpenters, there is no
need to entertain this Special Leave Petition, which raises the same issue.
The Special Leave petition is accordingly stands dismissed.
Now, that the order has been passed in respect of carpenters of East Zone,
the union of India and the Prasar Bharti is directed to implement the same
yardstick and grant the same benefits etc. from the same date to the
employees of other zones as well. Three months time is granted to the Union
of India and Prasar Bharti to comply with the above order of this Court.
The question of law is left open to be decided n an appropriate.