ion would meet the re quirement and at the end of such period the scheme is ex pected to become effectively operative
The Tamil Nadu Board may undertake the supervision from January 1992 and it is directed that the State Government and the said Board to coordinate the implementation
The Secretary of the Tamil Nadu Board who would be mainly in charge of the field job shall be paid by the State Government a sum of Rs1500 per month from January 1992 as an allowance to meet out of pocket expenses for the period he does the work as Secretary of the Board
362 G H 363 A  ORIGINAL JURISDICTION Writ Petition Civil No 1262 of 1987 WITH Writ Petition Civil No 13064 of 1983
Under Article 32 of the Constitution of India
Har Dev Singh and RK Agnihotri for the Petitioners
Raju Ramachandran RMohan Ms Shanta Vasudeva PKManohar KSwamy Ms
ASubhashini and RCKohli for the respondents
360 The Judgment of the Court was delivered by RANGANATH MISRA CJ
A letter petition received from the District Beedi Worker s Union Tirunelveli in the State of Tamil Nadu was treated as an application under Article 32 of the Constitution and notice was ordered intially to three factories referred to in the said letter and later to other beedi manufacturing units within the State
In the letter complaint was made about manipulation of records regarding employees non payment of appropriate dues for work taken failure to implement the provisions of the labour laws prevalence of contract labour system etc
There is a connected petition also relating to the same subject matter with different ancillary reliefs covering employment of child labour and the non implementation of the Beedi and Cigar Workers Conditions of Employment Act 1956
We have considered it appropriate to deal with both the applications together
This Court by an Order dated 24th October 1989 appointed a social organisation by name Society for Community Organisa tion Trust SOCCO ganisation for making appropriate investigation and circuated the State to the court
After the Report was received an were given time to file their respones Tamil Nadu and the manu facturers were given time to file their response by way of affidavits
This Court then directed that a scheme should be formulated for for consideration of the Court
This court made an Order on 24th July 1991 to the following effect
We gather from the submissions made at the bar that in the meantime some exercise has been undertaken for the purpose of finalising the Scheme
Initially the state of Tamil Nadu has taken the lead but later Union of India has also go interested and meeting on a bigger scale for the purpose of finalising the Scheme is being arranged
The attorney General is present in Court today
We have also suggested to him that he may par ticipate in the proceedings to help the schem to be finalised as quickly as possible
 Then came two Schemes one by the petitioners and the other by the State of r Thamil Nadu
By order dated October 8 1991 the Court directedon the basis of consent of counsel that at a conference the terms should be settled for one Scheme to be adopted by the Court
On 10 th October 1991 on the representation of the parties the Court made the following Order Pursuant to our earlier direction the em ployers employees and the State Government through their representatives met 361 and have sorted out some of the differences
Matters which are agreed to by all
and as pects which are not agred to by the employers have been seperately shown
A copy of this may be served on counsel for the Union of India present in the court today and he is given three weeks  time to indicate the responses
The appropriate Ministry of the Government of india to respond to the relevant aspects
 Pursuant to this Order the Under Secretary in the Minis try of Labour of the Union Government has filed an affidavit which we have examined
The objection which have
been especially refered to in the affidavit of the Central Government do not really surive after the matter is heard inasmuch as these are questions with which the union Government in not concerned and Under the constitutional scheme they relate to the power of the State Government
we would like  to dispose of these petitions with the following directions taken from the scheme as formulated by the petitioners and the State Government 1
The Beedi and Cigar Workers Conditions of Employment Rules 1969 should be strictly implemented and once that is done the evil of not furnishing the books to the home workers would be eradicated
An establishment of the Regional Provident Fund Commissioner with full equipment for the purpopose of implementation of the Statute should be located within the area and the Regional Provident Fund commissioner should have directionS to enforce the Act in all aspects
This establishment should start functioning within three months from now
The labour laws as also the Beedi and Cigar Workers Conditions of Employment Act should be strictly enforced so that the workers get their legitimate dues and the conditions of employment improve
Tobacco manufacturing has indeed health hazards
Child labour in this grade should theirfore be prohibited as far as possible and employment of child labour should be stopped either immediately or in a phased manner to be decided by the State GovernmeAts Out within a perioed not exceeding three years from now
The provisions of Child Labour Abolition Act 1986 should be strictly imple mented
362 5
Contract labour system it is alleged is indispensable this trade
The Union Government is directed look into this aspect of the matter and take its final decision one way or the other within six months from now
Beedi trade is a flourishmg one
Exploi tation of labour is rampant in this trade
A governmental labour establishment should be located in the area with full complement to answer the requirements of the matter
Since beedi manufacturing process is carried more outside the factory than within the system of maintaining the registers as a regulating practice has become necessary
Great care should therefore be taken to ensure the maintenance of the register system as the bulk of the employees outside the factories can be regulated only through the record maintained in the registers
The and the which contain beneficial provisions should be implemented in the true spirit and since they are legislations of the Central Government the machinery of the Central Government should be made operational in the area
Grievance has been made that the pass books are not maintained in the names of actual workers
This should be ensured
The Welfare Fund should be properly administered after and in the case of death of a workman appropriate assistance should be extended out of the Fund quickly
In view of the health hazard involved in the manufacturing process every worker in cluding children if employed should be insured for a minimum amount of Rs50000 and the premium should be paid by the employer and the incidence should not be passed on to the workman
We are of the view that the implementation of the scheme within the state in an effective manner would require to be supervised by an independent external agency
The Tamil Nadu State Legal Aid  Advice Board can be entrusted with this responsibility
A three year period of such supervision in our opinion would meet the requirement and at the end of such period the scheme is expected to become effectively operative
We therefore require the Tamil Nadu Board to undertake the super 363 vision from January 1992 and we direct the Tamil Nadu Government and the said Board to coordinate the implementa tion
The Secretary of the Tamil Nadu Board Mr Raja who would be mainly in charge of the field job shall be paid a sum of Rs 1500 fifteen per month from January 1992 as an allowance to meet out of pocket expenses by the State Government for the period he does the work as Secretary of the Board
We dispose of these cases with the directions indicated above and hope and trust that the authorities as also the employers and the employees would try to implement the directions in true spirit
Liberty to apply
GN Petitions disposed of


Summary:
The Imperial Council of Agricultural Research a Society established under the Societies Registration Act in the year 1929 was redesignated as the Indian Council of Agricultural Research after the advent of Independence
Till 1965 the ICAR was largely functioning as a coordinating agency and apex body for financing research projects but with effect from 1966 the administrative control over the Indian Agriculture Research Institute IARI and other such Institutes were transferred to ICAR simultaneously placing the staff of such Institutes at the disposal of the ICAR A department of Agricultural Research and Education was set up in the Ministry of Agriculture and the said department came into existence on 15121973
The ICAR was fully financed by the Department of Agricultural Research and Education of the Government of India
ICAR started an Agricultural Research Service with effect from 1101975 and the relevant grades and pay scales as on 31121985 were Grade of Scientist S in pay scale Rs 550 900 Scientist S I in Rs 700 1300 Scientist S 2 in Rs 1100 1600 and Scientist S 3 in Rs 1500 2000
The Scientists of the ICAR who were earlier covered by the Third Pay Commission pay scales had been demanding parity in pay scales with the employees of the Agricultural Universities who were also financed by the ICAR After persistent demand the ICAR agreed to revise the pay scales with effect from 111986 by notification dated 9th March 1989
This notification benefited some of the Scientists but was denying the principles of Equal Pay for Equal Work  in the case of the appellants and the like and the said notification had further placed persons much junior to many of the appellants in a higher scale of pay resulting in violation of the fundamental rights of the appellants guaranteed under Articles 14 and 16 of the Constitution
Some of the appellants in this appeal had earlier filed a Writ Petition before this Court under Article 32 challenging the aforesaid notification and for other connected reliefs which was disposed of on 3rd May 1990 directing the appellants to approach the Central Administrative Tribunal and a further declaration was made that the Tribunal shall treat the petition as a Representative Petition
Certain clarifications were issued by the ICAR by its letter dated 31st March 1989 and by orders dated 14th June 1989 6111989 and 671989
These orders not only revised the pay scales but also gave new designations to the various posts held by the appellants
Existing Grade Existing New Revised Pay scale designation pay scale 1
ScientistS 2 Rs1100 50 1600 Scientist Rs 3000 100 with service Senior 3500 125 5000 upto eight scale years
ScientistS 2 Rs1100 50 Scientist Rs 3700 125 with service 1600 Selection 4950 150 5700 exceeding grade eight years 3
ScientistS 3 Rs1500 60 Scientist Rs 3700 125 with service 1800 100 2000 Selection 4950 1505700
upto 16 years Grade 4
ScientistS 3 Rs1500 50 Principal Rs 4500 l50 with service 1800 100 2000 Scientist 5700 200 7300 exceeding 16 years The appellants filed an application under Section 19 of the Administrative Tribunal s Act before the Principal Bench of the Central Administrative Tribunal Delhi and contended that according to the notification dated 931989 together with the subsequent clarifications juniors and less meritorious Scientists and who were drawing lesser basic pay as on 31121985 than the appellants had been placed in higher pay scales causing great resentment amongst a large number of Scientists including the appellants
Not being successful before the Tribunal the appellants appealed to this Court and contended that Scientists S 3 in pre revised scale of Rs 1500 2000 having completed total service in the ARS as on 31121985 exceeding 16 years had been placed in the scale of Rs 4500 7300 whereas Scientists S 3 who were in the same pre revised scale of Rs 1500 2000 but had put in total service in the ARS as on 31121985 upto 16 years have been placed in the scale of Rs 3700 5700
Similarly Scientists S 2 who were in the pre revised scale of Rs 1100 1600 and had completed total service of more than 8 years in the ARS as on 31121985 had been put in the scale of Rs 3700 5700 but those having completed total service upto 8 years as on 31121985 had been put in the scale of Rs 3000 5000
It was further submitted by the appellant that in the ICAR there were two streams for career advancement of the Scientists
The slower stream is the five yearly assessment and the faster one is the direct selection through advertisement to various posts at All India level and that in the direct selection the existing Scientists can also compete with the other Scientists from non lCAR Institutions that the criterion of eight years of qualifying service for getting the scale of Rs 3700 5700 and 16 years of qualifying service for getting the scale of Rs 4500 7300 completed ignores the period of service put in the grades of S 2 or S 3 respectively and that this clearly shows the utter disregard for merit and competence of the Scientists working on these posts of S 2 or S 3
It was also submitted that the impugned notification was not only unreasonable and discriminatory but had resulted in grave injustice to the Scientists directly selected as Scientists S 2 and S 3 by taking into consideration the total length of service in the ARS as the only criterion thereby giving a complete go bye to merit and competence
The respondents opposed the appeal by contending that on persistent demand of the appellants and other scientists for giving them better pay scales than those recommended by the Fourth Pay Commission the Government introduced University Grant Commission pay package for them
The designations of Scientists on various grounds had been suitably amended so as to conform to their respective level of responsibility
Scientist S 2 having less than 8 years of service as on 31121985 were placed in the revised scale of Rs 3000 5000 whereas those having more than 8 years of prescribed service as on 31121985 were placed in the scale of Rs 3700 5700
It was further contended that efforts were being made to devise means by which the affected Scientists may be able to take their chance for appointment to higher management positions
Allowing the appeal this Court HELD 1
While introducing a new scheme of pay scales and fixing new grades of posts some of the incumbents may have to be put to less advantageous position than others but at the same time the granting Of new pay scales cannot be allowed to act arbitrarily and cannot create a situation in which the juniors may become senior or vice versa
450 B 2
The appellants are justified in their submission that they were also entitled to the higher pay scale on the post of Scientists S 2 as well as S 3 specially when they were recruited on those posts much earlier to those who have now become entitled to higher pay scales under the impugned notification
They are also right in their submission that it also mars their future chances of promotion on the higher posts
452 A B 3
The appellants are Scientists who are rendering great service to the nation and no justification is found as to why the appellants or any other Scientists in ICAR placed in similar position like the appellants should be deprived the benefit of the revised pay scales on the higher post of S 2 or S 3 in case they were appointed by direct recruitment or by selection on merit cum seniority on the post of Scientists S 2 or S 3 prior to those who have now become entitled to higher pay scale under the impugned notification dated 931989
453 B C 4
The Tribunal itself had found force and justification in grievances made by the appellants and had granted six months time to the respondents to take appropriate action
Opportunities were granted to the respondents to come with a scheme granting appropriate relief to the appellants but they were unable to come out with any concrete proposal or scheme redressing the grievances of the appellants
452 H 453 Al 5
The respondents to issue appropriate orders so that any of the appellants or the like working as Scientist S 2 or S 3 on or before 31121985 earlier to anyone of the Scientists getting benefit of the revised pay scales under the impugned notification dated 931989 also get a similar benefit of revised pay scale of Rs 4500 7300 in the case of S 3 and pay scale of Rs 3700 5700 in the case of S 2
Such revised pay scales shall a be given from 111986 as given to S 2 and S 3 Scientists under the impugned notification
Suitable action in this regard to be taken and the entire amount to be paid within six months
453 D E PK Iyer  Ors
vs Union of India  Ors
   referred to