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        Case ID :

        1990 (10) TMI 370 - SC - Indian Laws

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        Pay-scale entitlement for Grade II meter readers remained limited to the lower scale under later settlements and statutory regulations. Employees appointed after 1 April 1974 as Meter Reader/Meter Checker Grade II were not entitled to the higher Grade I pay-scale because the first ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Pay-scale entitlement for Grade II meter readers remained limited to the lower scale under later settlements and statutory regulations.

                              Employees appointed after 1 April 1974 as Meter Reader/Meter Checker Grade II were not entitled to the higher Grade I pay-scale because the first settlement operated only up to 31 March 1974, the later settlement placed Grade II in pay-scale No. 2, and the appointment orders themselves described the employees as Grade II. The 1978 Emoluments Regulations, having statutory force and retrospective effect from 1 April 1974, also fixed Meter Reader-II/Meter Checker-II in pay-scale No. 2. The objections based on Section 19 of the Industrial Disputes Act did not alter that position, and the employees were held entitled only to the Grade II scale.




                              Issues: Whether employees appointed as Meter Reader/Meter Checker Grade II after 1 April 1974 were entitled to pay-scale No. 3 instead of pay-scale No. 2 on the basis of the first settlement dated 22 February 1972, notwithstanding the second settlement, the subsequent regulations, and the terms of their appointment.

                              Analysis: The first settlement was expressly stated to operate only up to 31 March 1974. The later settlement of 2 December 1972 clarified the earlier arrangement by recognising two grades of Meter Reader/Meter Checker and placing Grade II in pay-scale No. 2 and Grade I in pay-scale No. 3. Even apart from the earlier litigation concerning the second settlement, the Court held that the real question was whether the Board could appoint respondents after 1 April 1974 in Grade II pay-scale No. 2. The appointment orders themselves described the respondents as Grade II. The Court also relied on the Rajasthan State Electricity Board Employees (Emoluments) Regulations, 1978, which had statutory force and applied retrospectively from 1 April 1974, and which again placed Meter Reader-II/Meter Checker-II in pay-scale No. 2. The objections based on Section 19 of the Industrial Disputes Act, 1947 did not assist the respondents, and the High Court erred in disregarding the Board's pleadings and the statutory regulations.

                              Conclusion: The respondents were not entitled to pay-scale No. 3 and were only entitled to the pay-scale applicable to Meter Reader/Meter Checker Grade II. The appeals succeeded and the writ petitions failed.


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