Allahabad High Court
The General Manager Food Corporation Of ... vs Central Govt. Industrial ... on 2 January, 2024
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:172
Court No. - 6
1. Case :- WRIT - C No. - 1007160 of 2014
Petitioner :- The General Manager Food Corporation Of India Lko And Another
Respondent :- Central Govt. Industrial Tribunal-Cum-Labour Court Lko And Anr
Counsel for Petitioner :- Kamesh Gupta,Dhirendra Singh
Counsel for Respondent :- Rajendra Prasad
With
2. Case :- WRIT - C No. - 1007161 of 2014
Petitioner :- The General Manager Food Corporation Of India Lko And Another
Respondent :- Central Govt. Industrial Tribunal-Cum-Labour Court Lko And Anr
Counsel for Petitioner :- Kamesh Gupta,Dhirendra Singh
Counsel for Respondent :- Rajendra Prasad
Hon'ble Alok Mathur,J.
1. Heard Sri Dhirendra Singh, learned Standing Counsel for Food Corporation of India.
2. As common issue has been raised in both the aforesaid writ petitions, so with the consent of learned counsel for the petitioner, both the writ petitions are being heard and decided by this common judgment.
3. By means of present writ petition the petitioner has challenged the order/award dated 26.05.2014 passed by Central Government Industrial Tribunal-cum-Labour Court, Lucknow whereby allowing the claim filed by workman and granting them the pay which was being given to their juniors Sri Swami Nath Sharma and has also been entitled to interest @ 6% on the arrears.
4. The facts in brief are that the workmen, namely, Ghanshyam were working as Manager (D) with the Food Corporation of India when they claimed parity in pay with one of his juniors, namely, Sri Swami Nath Sharma who's pay was stepped up in parity with another junior to the workmen viz. Sri Ramdhari Singh. The petitioner has turned down claim made by the workmen stating that their case could not be considered at parity with Swami Nath Sharma as the date of joining of the workmen were 24.05.1972 & 23.05.1972 respectively while the date of joining of Swami Nath Sharma was 03.05.1972 and therefore Swami Nath Sharma was senior to the workmen. The workmen were advised to claim parity with any other workmen.
5. It is in the aforesaid circumstances that the workmen moved another application seeking parity with Ram Dhari Singh who had also been granted benefit of stepping up of the pay and was junior to the workmen. The request of the workmen were again rejected stating that parity could not be granted with Ram Dhari Singh inasmuch as Ram Dhari Singh itself had been given parity of Swami Nath Sharma. It is in the aforesaid circumstances that the workmen had filed a claim before the Central Government Industrial Tribunal/Labour Court, Lucknow and the question referred was as to whether the action of the Management of the FCI, Lucknow in declining the stepping of pay of Shri Rajendera Prasad at par with his juniors is fair and justified? to what relief the claimant is entitled to?
6. The petitioner had put in appearance before the Central Government Industrial Tribunal-cum-Labour Court, Lucknow and opposed the claim made by the workmen. It was stated that the parity could not be granted along with Swami Nath Sharma inasmuch as he had been transferred from West zone to the North zone and on his transfer he had lost seniority but his pay had been protected considering the length of his service.
7. With regard to the parity with Ramdhari Singh, it was stated that the Food Corporation of India had issued an office order dated 15.04.2002 whereby it has been stated that only persons who had joined between 03.05.1973 to 29.09.1976 would be considered for grant of stepping up of the pay and accordingly their case cannot be considered at parity with Ramdhari Singh. The Tribunal after examining the entire material on record has allowed the claim and returned a finding that once Swami Nath Sharma was transferred from the West Zone to the North Zone he had lost his seniority and hence merely denying the benefit of stepping up on the basis of seniority was arbitrary and illegal.
8. The Labour Court further returned a finding that no justification has been given by the Management as to why other persons who have joined much after the workmen /respondents have been granted stepping up of pay at par with Swami Nath Sharma and therefore the workmen have been clearly discriminated and their case had been illegally and arbitrarily rejected. It also returned a finding that the Food Corporation of India could not justify the action in stepping up the four other workmen who had joined after the present workmen and fell within the ambit of letter dated 25.04.2002.
9. Learned counsel for petitioner while assailing the impugned order dated 26.05.2014 has reiterated the grounds which were raised before the Tribunal.
10. I have heard the arguments of the petitioner as well as perused the record. It is noticed that the Tribunal has gone into the entire evidence and facts as led by the petitioner as well as by the workmen. It is noticed that apart from the parity sought from Swami Nath Sharma as well as Ramdhari Singh, there were other persons who were given the stepping up of the pay and the Management could not justify as to how the workmen who were similarly situated have been denied the same. It is further noticed that once Swami Nath Sharma has been transferred from West Zone to North Zone, admittedly he has lost his seniority and the petitioner denying the stepping up of salary merely on account of seniority is on the face of it arbitrary and discriminatory. Even otherwise no justification has been sought as to why the workmen could not be granted the stepping up the pay despite the fact that the same was granted to Ramdhar Singh who was admittedly junior to the workmen.
11. In the aforesaid circumstances, this Court is of the considered view that the Tribunal has duly considered all the aspect of the matters and returned a finding in favour of workmen which is fully justified. No other point was urged on behalf of the petitioner.
12. In view of the above, no interference is required to be made in the said award passed by Central Government Industrial Tribunal-cum-Labour Court, Lucknow , both the writ petitions being devoid of merits and are accordingly dismissed.
(Alok Mathur, J.)
Order Date :- 2.1.2024
Ravi/
