AI Structured Summary
Not yet generated for this judgment
Judgment
B.P. Dharmadhikari, J.—Heard Shri Anand Parchure, learned counsel appearing for the petitioners, Mrs. M.N. Hiwase, learned Assistant Government Pleader for respondent No. 1/State and Mr. M.M. Sudame, learned counsel appearing for respondent No. 2 - Forest Development Corporation.
In Writ Petition No. 1196 of 2001, the petitioners seek a direction to their employer namely, respondent No. 2 Forest Development Corporation to extend benefit of 4th Wage Revision w.e.f. 1st of January, 1986 to the cadre of Account Assistant, Deputy Engineer, Junior Engineer and Draftsman. It is not in dispute that said benefit has not been released to these four cadres.
In Writ Petition No. 1211 of 2001, all employees of the respondent No. 2 - Forest Corporation seek a direction to release arrears of 5th Pay Revision from 1st of January, 1996 with 18% interest. Here also, it is not in dispute that said Wage Revision has been extended from 1st of April, 2004. Thus, grievance only of arrears of 5th Wage Revision for period from 1st of January, 1996 till 31st of March, 2004 survives.
In Writ Petition No. 1211 of 2001 Civil Application No. 76 of 2015 was moved by the petitioner - Association for expeditious disposal. After hearing respective counsel this Court has, on 26th of February, 2015, passed following order.
"Heard.
As some of the Members of the petitioner association have already superannuated/expired, the matter is being considered for expeditious disposal.
Mrs. Bharti Dangre, learned counsel for respondent No. 2, submits that the Fifth Wage Revision has been made applicable to staff of respondent No. 2 from 1/4/2004 and arrears for the period from 1/1/1996 till 31/3/2004 are also worked out. Respondent No. 2 is in a position to shoulder the burden of its own without any assistance from respondent No. 1. However, the office of respondent No. 1 or Audit Department, may raise some objections and to avoid any such complications in future, respondent No. 2 has thought it proper to obtain clearance from respondent No. 1.
Shri Anand Parchure, learned counsel for the applicant/petitioner, submits that such a clearance is not required as employment with respondent No. 2 is independent and it is not demanding any financial aid from respondent No. 1.
However, considering the situation, we direct respondent No. 2 to forward its proposal to respondent No. 1 within a period of three weeks from today, if it is not already so forwarded.
Respondent No. 1 shall consider that proposal within next six weeks and take suitable decision upon it, if necessary as per law.
If there is no objection from respondent No. 1 to pay arrears for the period from 1/1/1996 till 31/3/2004, respondent No. 2 shall be free to release those arrears to the eligible members of the petitioner, thereafter.
Place the matter for further consideration of this Court on 15/6/2015."
In terms of this order, an affidavit has been filed by Joint Secretary (Forest) on 10th of June, 2015. As per that affidavit, the benefit as extended is maintained after asserting that State Government is not in a position to pay and shall not release any grants or amount for shouldering the burden cast upon respondent No. 2 due to said Wage Revision. It is further pointed out that after looking into all facts and financial condition, State Cabinet took a decision on 17th of February, 2004 to implement 5th Pay Revision on 1st of April, 2004. State Government later on granted loan of Rs. 344 crore to said Corporation and out of it an amount of Rs. 49.46 crore has only been repaid. Remaining principal amount, interest on it and penal interest amount, totalling to Rs. 294.54 crore remained unpaid and later on in view of decision dated 19th of December, 2012 it has been converted into share market. Finance Department, therefore, examined prayers placed before this Court and found it not possible to interfere with the decision of State Cabinet dated 17th of February, 2004.
Advocate Shri Sudame appearing for Forest Corporation, however, submits that Forest Corporation is in position to extend benefit of 4th Wage Revision to four cadres mentioned supra from 1st of January, 1986 and benefit of 5th Wage Revision to all employees from 1st of January, 1996 till 31st of March, 2004. Upon instructions, he states that respondent No. 2 - Forest Development Corporation is in position to meet entire financial burden through its own resources and does not need any financial assistant from respondent No. 1 - State Government.
Learned counsel for the petitioner invited our attention to judgment delivered at Bombay on 17th of December, 2013 in Writ Petition No. 1508 of 2013 to urge that there the issue of Wage Revision in relation to employees of Maharashtra State Financial Corporation has been examined and this Court has found that State Government cannot object to it. He submits that issue is entirely in domain of a private employment.
In the light of order passed by us on 26th of February, 2015 and affidavit placed on record by State Government on 10th of June, 2015, we find that if respondent No. 2 - employer is in position to meet the entire financial burden of account of Wage Revision through its own resources and is not required to demand any amount from State Government, there cannot be any objection either by respondent No. 1 - State Government or by its Account Department to such an exercise. The readiness and willingness of employer has already come on record in our order dated 26th of February, 2015 and has been reiterated today.
Four Cadres mentioned supra for whom Writ Petition No. 1196 of 2001 has been filed were only left out while other employees of Forest Corporation got benefit of 4th Wage Revision from 1st of January, 1994 onwards. All employees have been given benefit of 5th Wage Revision from 1st of April, 2004 and Corporation has expressed readiness and willingness to provide for arrears through its own resources.
In this situation, following the judgment delivered on 17th of December, 2013 in Writ Petition No. 1508 of 2013, we pass the following order.
"(i) The Account Assistant, Deputy Engineer, Junior Engineer and Draftsman in employment of respondent No. 2 - Forest Development Corporation are entitled to benefits of 4th Pay Revision from 1st of January, 1986 to 31st of December, 1993.
(ii) Employees of respondent No. 2 - Corporation shall be released arrears of amount of 5th Pay Revision from 1st of January, 1996 till 31st of March, 2004.
(iii) The exercise of computing arrears shall be completed within period of six months from today.
(iv) Arrears becoming due and payable to an individual shall be released thereafter within next three months, in accordance with law, in suitable installment by respondent No. 2 - Corporation, through its own resources without demanding any help from respondent No. 1 - State Government.
(v) Acceptance of such amount shall not preclude an individual from challenging correctness of the exercise undertaken by the respondent No. 2."
With these directions, Writ Petitions are partly allowed and disposed of.
No costs.