Administrative authorities must decide pending representations for statutory pay parity through reasoned and speaking orders.

Eleven applicants, employed in various capacities at IGESI Hospital and ESIC dispensaries, approached the Tribunal seeking parity of pay based on statutory provisions

The applicants moved a Miscellaneous Application (M.A. No. 1428/2026) seeking leave to file a joint petition on the grounds that their grievances and the reliefs sought were identical

Before filing the Original Application (O.A.), the applicants had submitted several representations (Annexure A-1 colly) to the respondent, which were pending disposal at the time of the hearing

1. Whether the applicants are entitled to file a joint Original Application under the prevailing procedural rules

2. Whether the Tribunal should direct the respondent to decide the pending representations regarding pay parity within a stipulated timeframe

Section 17(2) of the Employees' State Insurance Act (ESIC Act), which relates to the determination of pay and allowances for ESIC employees

principle of administrative exhaustion, allowing the respondent authority the first opportunity to redress grievances through "reasoned and speaking orders" before judicial intervention on merits

The Tribunal first addressed the procedural M.A., granting permission for a joint petition as the cause of action and the relief sought by all eleven applicants were common

Regarding the substantive prayer for pay parity, the Tribunal noted the submission of the respondent's counsel that the applicants' administrative representations were still under consideration

With the consent of both parties and without adjudicating the merits of the pay parity claim, the Tribunal found it appropriate to compel the respondent to perform its administrative duty

The court emphasized that the respondent must consider all grounds agitated by the applicants in their representations while passing a final order

The competent authority of the respondent is directed to dispose of the pending representations by passing a reasoned and speaking order within six weeks

Alternatively, if the representations have already been decided, the respondent must serve a copy of such order to the applicants within two weeks

No order as to costs was made