Date Of Judgement: 28/04/2023
APPELLANTS : Karnataka power transmission corporation LTD & Ors.
RESPONDENT : Sri B.G Manamohana Priyanka &Ors
BENCH/JUDGE : M.R. Shah, J.B. Pardiwala
Legal Provisions:Labour Law , Constitution of India
Civil Appeal No :2702 OF 2023
Facts
Here writ petitioners – respondents were appointed as assistant executive engineer in the appellant corporation on 6.10.2007 by way of direct recruitment of notification on 02.02.2007. Their pay scale was between Rs.9,470-20,470 per. Appellant – corporation issued a D.O/ order dated 27.09.2006 revising the pay scales with effect from 01.04.2003.By considering the hardwork of the employees corporation considered to pay hike by 2%. It further provided sanctioning 2% hike to pay target may be fixed and sanction from the management. The approval of revising pay scales by 12%(10+2%) effecting from issued date.
The appellants corporation on 2.06.2008 an order was issued modifying the previous order dated 27.09.2006. From 2009 their 2% hike by achieving the fixed target and the first appraisal will be 2009 and the second appraisal will be 2010 the differential Amount of 2%will be added according to the revised D.O/ order
The Petitioners-respondents representing the appellants on 29.07.2011 contending that their entitled to the revision of pay scales with effect from 2003 which are modified after the petitioners appointed after year i.e 2008 at Rs.9745/- per month.As the appellants are not satisfied with the High court of Karnataka judgement the appellants appealed to the supreme court were the judgement was given in favour to the petitioners-respondents. As appellants did not respond to the demand notice, the employee sought the High court of Karnataka that they are entitled to pay at Rs 9745/- per month and some other benefits. The Court considering the said petitioners directed the appellants to consider the grievance of writ petitions and to communicate with the writ petitioners .The single judge also awarded the interest @8% on the arrears. The single bench ordered that there entitled to 12%. The impugned judged deleting the interest @8% on arrears.
Issues raised
Whether employees are entitled to a hike of Rs 9745/- basic pay ?
Whether appellants liable to pay Rs 9745/- including hike 12%?
Contention
Argument from the Appellant side
As the appellants are satisfied with the judgement passed by the high court single bench judge there appealed to Supreme Court.
Shri K.M Natarj,learned ASG appeared on behalf of the appellants to represent them. As the counsel argued that the employees are not entitled to an extra 2% without doing hard work with no substance ,there is no dispute of 10% of pay scale.
The council of appellants justified the submission that the original writ petitioners shall not be entitled to the additional 2% automatically and that too from the date of appointment.
Argument from the Respondents side
Here respondents joined the corporation in 2007 so their council appeal on behalf of them stated that they were entitled to benefits of revising 12%basic pay scales from their appointed date.
The single judge rewarded them with interest of @8%of the arrears but the impugned judge ordered the extent of the appeal but deleting the interest of 8% interest on arrears.
Rationale
The learned single judge and the division bench of court directed the petitioners – respondents to revise the 2% pay scale automatically to the employees from their date of appointment. But as their joined as cadre of assistant executive engineer there will entitle to the basic payment of Rs 9470/- for the first year from the date of appointment.
But the appeal from appellants was succeeds in part . By quashing the single bench and division bench judgement. The Court stated that additional 2% will be add when their are achieving the performance targets. It observed that the original writ petitioners entitled to additional 2% in additional to the existing pay when their meet the condition as mentioned in the D.O/ order dated 02.06.2008.
Defects of law
Without revising the orders of the corporation the single bench entitled the 2% additional pay to the employees automatically without any work done. It’s also entitled 8% interest on arrears. The impugned judged deleted the interest of 8% of interest on arrears.
Interference
The appeal is allowed in part of adding 2% only when there reach the target and collect from the management.Now both the parties as to pay the cost as the appellants as to pay the 10% of pay to employees who was appointed on date on 2007. The respondents are only entitled to the additional 2% hike when there reach the targets and conditions of the company. Corporation will be liable to pay extra 2 % when the employees reach the fixed target. The supreme court quashed and asides the order of single judge and impugned judge order.
Reference
Case referred from : https://www.casemine.com/judgement/in/6054e7069fca19631466314f
Case referred from:
https://www.advocatekhoj.com/library/judgments/announcement.php?WID=16405
P.Lakshmi Charitha
Keshav memorial college of law
Hyderabad