Richardson And Cruddas Ltd, ... vs Union Of India Thr Its Department ...
2023 Latest Caselaw 201 Bom

WP 5372-12                                      1                     Judgment

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                      NAGPUR BENCH, NAGPUR.

                    WRIT PETITION NO. 5372/2012

Richardson & Cruddas Ltd. Employees Union
through its General Secretary R.C. Rajput,
R/o Kalmegh Nagar, Nagpur.                                        PETITIONER

                                 .....VERSUS.....

1.     Union of India, through its Department of
       Heavy Industries, Udyog Bhavan, New Delhi..
2.     Richardson & Cruddas Ltd., through its
       Managing Director, Corporate Office,
       Byculla, Mumbai.
3.     Richardson Cruddas (1972), F-3, M.I.D.C.
       Industrial Estate, Hingna, Nagpur,
       through its Manager.                                     RESPONDENT S

                            None for the petitioner.
               Ms Neeraja Choube, counsel for the respondent no.1.
     Shri Rohit Masurkar, Advocate with Shri S.G. Deshpande, counsel for the
                            respondent nos.2 and 3.

CORAM : A. S. CHANDURKAR AND M.W. CHANDWANI, JJ.

DATE ON WHICH ARGUMENTS WERE HEARD : OCTOBER 18, 2022 DATE ON WHICH JUDGMENT IS PRONOUNCED : JANUARY 06, 2023.

ORAL JUDGMENT (PER : A.S. CHANDURKAR, J.)

Notice for engagement of another counsel by the petitioner-

Union was issued on 05.04.2022. The Office report shows that the said

notice could not be served as the noticee was not found at the given

address. Notwithstanding the aforesaid, we have considered the

averments made in the writ petition in view of the fact that it was heard

alongwith Writ Petition No. 3700 of 2007.

WP 5372-12 2 Judgment

2. In the present writ petition, the petitioner-Union has

prayed that a direction be issued to the respondent nos.2 and 3, a

Company incorporated under the Companies Act, 1956, to implement

revised pay-scale from 01.01.2007 and pay the members of the

petitioner-Union their arrears. The members of the petitioner-Union

claim to be working with the Company. In Writ Petition No. 3700 of

2007, the petitioners therein had sought revision of their pay-scales

from 1997. The said writ petition has been decided today and it

has been held that in view of the communication dated 18.02.2020

issued by the Ministry of Heavy Industries and Public Enterprises

indicating the manner in which the notional pay in the 1997 Scale

and 2007 Scale would be calculated coupled with the revision of the

pay-scales from 01.04.2018 and onwards, the said writ petition has

been dismissed. It has been held that the said petitioners would be

governed by the decision taken by the Ministry of Heavy Industries

and Public Enterprises as communicated on 18.02.2020. We find that

the members of the present petitioner-Union would also be governed by

the aforesaid decision communicated on 18.02.2020 thereby revising the

pay-scales from 01.04.2018. This is pursuant to the rehabilitation plan

having been considered and thereafter followed by the process of

disinvestment in the Company.

WP 5372-12 3 Judgment

3. Hence for the reasons assigned in the judgment delivered in

Writ Petition No. 3700 of 2007 decided on 06.01.2023, it is held that the

members of the petitioner-Union would be governed by the decision

taken by the Ministry of Heavy Industries and Public Enterprises dated

18.02.2020.

4. Rule in the writ petition is accordingly disposed of. No costs.

(M.W. CHANDWANI, J.) (A.S. CHANDURKAR, J.)

APTE

Signed By: Digitally signed byROHIT DATTATRAYA APTE Signing Date:06.01.2023 18:32