TMI Blog2011 (12) TMI 681X X X X Extracts X X X X X X X X Extracts X X X X ..... 2001 are filed by the second respondent in the writ petition, who would hereinafter be referred to as 'Employer'. 2. In a petition where the 'Employees' had prayed for parity in pay scales, the learned Single Judge though granted the relief, the same is with effect from 01.04.1996. The 'Employees' are in appeal praying that the same be granted from the year 1985, On the other hand the 'Employer' is assailing the order of the learned Single Judge in its entirety as according to them the 'Employees' are not entitled to the relief in the present facts and circumstances. At the first instance, the instant appeals were heard and disposed of by a Division Bench of this Court by the judgment dated 27.03.2004. By the said judgment, the relief prayed by the 'Employees' for benefit from the year 1985 had been granted. Consequently, the appeals of the 'Employer' were dismissed the 'Employer' carried the satire in appeal before the Hon'ble Supreme Court in Civil Appeal Nos. 783-786/2005. The Hon'ble Supreme Court by its order dated 20.04.2010 has set aside the judgment of this Court and remitted the appeals so as to dec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ences in the terms and conditions as also nature of work. 5. It is in this background, the 'Employees' approached this Court in W.P.Nos. 14293-294/1996, The 'Employer' opposed the petition by firstly relying on the amalgamation order itself to contend that the same merely protects the service condition as it existed in the copper units, but does not order the integration of the services in parity with the employees of the gold unit. It was their further contention that the source of recruitment, the qualification as well as the nature of work to be performed were not similar and therefore, the parity in pay-scale cannot be granted. It was their contention that the copper unit though had been converted into gold unit in the year 1996, the nature of duties still differed and except for training and for adopting to the techniques of gold mine, there was no inter-unit transfers. Therefore, they were not entitled to parity in pay-scale, but however, common pay-scales were fixed with effect from 01.04.1996 and the same was also revised on 01.04.1998. 6. The learned Single Judge on considering the rival contentions by the order dated 01.03.2000 granted parity of pay- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hey are entitled to parity. 8. Before adverting to consider these aspects of the matter, what is also to be kept in view is that at the first instance, this Court had held that the 'Employees' are entitled to the benefit from 1985, but the Hon'ble Supreme Court on setting aside the judgment has directed reconsideration keeping in view the decision in the case of Surjit Singh (supra). Before referring to the said decision, it is also necessary to notice the decisions relied on by the learned senior counsel for the Employees . In the case of Mohammed Shahbuddin and ors vs. Union of India and ors (1975 (1) SLR 345), the integration of the services arose for consideration in the context of the States Reorganisation Act wherein the equation of the' posts was considered in the background of the Officers who were working in the different parts which were integrated to the State. The factual matrix on which the benefit Was extended to the employees therein would not be relevant to the instant case except that the tests that have been laid down for consideration with regard to the nature and duties of the posts, the responsibilities and powers exercised by the Officer, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of India. The earlier decisions as noticed in this case by the Hon'ble Supreme Court stated about several aspects that would be relevant for the purpose of determining the pay scale. The various considerations such as responsibility, educational qualification, mode of appointment, financial capacity are few among such considerations. It was therefore held that the principle cannot have mechanical application. In the decisions referred therein, it was held that even though persons may do the same work, their quality of work may differ and that the nomenclature designating a person alone is not sufficient. The earlier decision wherein it was held that 'equal pay for equal work' is a concept which requires for its applicability, complete and wholesale identity between a group of employees claiming identical pay scales and the other group of employees Who have already earned such pay scales was also noticed. It was also held that the problem about 'equal pay for equal work' cannot always be translated into a mathematical formula. Taking into consideration the different requirements that had been enunciated earlier in the various decisions, the Hon'ble Supreme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r from 01.04.1996 onwards. Insofar as the periods subsequent to 1985, there is no dispute on the fact that in order to rehabilitate the loss making Copper mining companies, the same were amalgamated with the 'Employer' company from 12.07.1985. Though the employees contend that the copper units had merged to have a single identity with the 'Employer' company on amalgamation and that they were carrying out similar work, keeping in view the test indicated by the Hon'ble Supreme Court relating to pleading and proof, the material on record is not sufficient to hold that they were performing similar work when evidently the nature of work would be different in Copper mining as against the work to be performed in a gold mining industry though an employee may be called by the same designation. For example, one may be designated as a metallurgist, in two different types of employment but to claim parity, there should be more specific details about similar work. Be that as it may, to the said extent the Clause-9 in the amalgamation order becomes relevant in as much as the 'Employer' was only required not to alter the service conditions which existed as on the date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wn. On the contrary they have been given additional facilities. In regard to para 2: It is true that the Chitradurga Copper Unit has now started mining gold though all these years only mining of copper was going on. Integration at the Officers level has already taken place in the sense that the pay scales are the same in all the units, The said portions would indicate, though by the objection statement the similarity has been denied, by the above admissions it is clear that the copper unit was also converted to gold unit and there are inter-unit transfers. In fact the integration and common pay scales at the officers level has been admitted. In the instant appeals, we are only concerned with officers. Insofar as the workmen are concerned, it is stated that their service conditions have been negotiated with the union and settlements have been entered into. With regard to the officers, though it is contended that the qualification for recruitment is different, the same refers to the period prior to amalgamation and upto 1996. In any event, after the admitted integration in the year 1996 in the case of officers, it has not been pointed out whether recruitments were ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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