Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1980 Punjab State Co-operative Milk Producers Federation Services (Common Cadre) Rules Revised pay scale demanding enhanced wages |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18 Referred Case 19 Referred Case 20 Referred Case 21 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Punjab State Co-operative Milk Producers Federation Services (Common Cadre) Rules, 1980: Revised pay scale – Entitlement to, from 1.1.1986 – Writ petitions by the respondents- employees seeking entitlement to pay scale equivalent to their counterparts in the State of Punjab from 1.1.1986, though the revised pay scale was allowed by the Punjab State Co-operative Milk Producers Federation Ltd w.e.f. 1.1.1994 – Federation’s case that they were suffering with acute financial stringency – High Court allowed the writ petitions holding that the financial stringency was no longer an excuse to not revise the pay scales and thus held that the date of implementation to grant revised pay scales as 1.1.1994 was absolutely unfair – On appeal, held: Objective of the Federation was not to give employment but to increase milk production in the State – Employees are facilitators of the employer to achieve such objective and thus demanding enhanced wages without considering the objective and financial condition of the employer would not be ideal – Employer and the employees have to work together to achieve the objective of the organization-white revolution – Decision of not to grant revised pay scale from 1.1.1986 was taken keeping in view the financial condition of the Federation – Process to arrive at such decision can be said to be flawed only on the permissible grounds of illegality, irrationality and procedural impropriety – Neither the decision-making process, nor the decision itself suffers from any such vice - Income generated by the Federation is not to be expanded only on payment of salary but is also required for upgradation of technology, renovation and expansion of plants etc - Order of the High Court is unjustified and in excess of the power of judicial review conferred on the High Court - Orders passed by the High Court is set aside. Pay scale – Entitlement to – Employees seeking pay scale equivalent to their counterparts in the State of Punjab from 1.1.1986, though revised pay scale was allowed by the Federation w.e.f. 1.1.1994 – High Court holding that employees were entitled to pay scale – Held: Not justified – Principle of equal pay for equal work not applicable to them in as much as Grade I is a higher post having higher duties and responsibilities than Grade II – Milk Procurement Assistants Grade-I is a promotion alavenue for Milk Procurement Assistants Grade-II – Educational qualifications and the responsibilities of the two posts are quite different. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2021 INSC 326 |
Petitioner | Punjab State Co-operative Milk Producers Federation Ltd. & Anr. |
Respondent | Balbir Kumar Walia & Ors. |
SCR | [2021] 6 S.C.R. 395 |
Judgement Date | 2021-07-09 |
Case Number | 7427 |
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