HON'BLE SRI JUSTICE R.KANTHA RAO W.P.No.5117 OF 2000 DATE: 06.01.2012 BETWEEN: Ch.V.S.R.Subba Rao and others .. Petitioners And The Commissioner of Endowments and others .. Respondents HON'BLE SRI JUSTICE R.KANTHA RAO W.P.No.5117 OF 2000 OREDER: Heard the learned counsel appearing for the petitioners. There is no representation for the respondents. 2. This writ petition is filed seeking issuance of writ of certiorari to quash the order dated 21.12.1999 of the Labour Court, Visakhapatnam in M.P.No.105 of 1998 and direct the respondents to extend the revision of pay scales of 1986 and also 1993. 3. The brief facts essential for considering the writ petition may be stated as follows: 4. The first and second petitioners were initially appointed as Record Assistants on 01.08.1992 and 19.01.1993 respectively. Similarly the petitioners 3 to 5 were appointed as Attenders on 30.12.1992. They were appointed basing on regular selection and they have been working as Record Assistants and Attenders on the date of filing of the writ petition. 5. It is submitted by the petitioners that the respondents 2 and 3 while implementing the1986 pay scales to the petitioners, the petitioners 1 and 2 were given the scale of pay Rs.780-20-1000-25- 1275 with 23% dearness allowance, 20% house rent allowance w.e.f. 01.01.1993 and 01.05.1995 respectively. Similarly the petitioners 3 to 5 were given the scale of pay Rs.740-15-950-20-1150 with 23% dearness allowance and 20% house rent allowance. It is further submitted that the petitioners were also communicated to that effect by proceedings dated 07.01.1993, 29.12.1992 and 02.05.1995. All the petitioners, except the petitioner No.2 were also given two annual increments in the years 1994 and 1995 in the aforementioned pay scales. It is submitted that subsequently the respondents 2 and 3 stopped giving further annual increments without any reason whatsoever. 5. According to the petitioners, the Government of Andhra Pradesh issued G.O.P.No.162, dated 20.05.1993 fixing pay scales to various cadres with effect from 01.07.1992. In the said G.O., the record Assistant’s existing pay scales 780-1275 (1986) have been revised as 1535-2840. Similarly, it is submitted that the Attenders’ existing pay scale of Rs.740-1150-(1986) have been revised as 1375-2375. 7. Nextly, it has been submitted that after the said pay revision the petitioners submitted several representations to the respondents 2 and 3 requesting them to extend the pay scales of 1993 as revised in G.O.P.No.162 dated 20.05.1993. It is the contention of the petitioners that one Mr K.Srinivasa Rao, who was appointed initially on consolidated salary, was given the pay sale of Rs.910-1625, but the petitioners were denied the benefit. Then they filed an application under Section 33 (c)(2) of the Industrial Disputes Act before the Labour Court, Visakhapatnam, which came to be numbered as M.P.No.105 of 1998 claiming pay scales in accordance with G.O.P.No.62, dated 20.05.1993. They also furnished the detailed tabular statement indicating the monies to which they are entitled to. But, the Labour Court without properly adverting to G.O.P.No.162, dated 20.05.1993 held that the petitioners are not entitled to revised pay scales as they were not appointed on regular basis. But, according to the petitioners, the order passed by the Labour Court is not correct for the reason that when once second and third respondents were given the benefit of pay scales as well as the increments, it goes without saying that any subsequent revision also should be applied to the petitioners and therefore, the finding of the Labour Court that the petitioners are not entitled for the regular pay scales, is ex facie illegal. The petitioners also challenged the findings of the Labour Court that the respondents 2 and 3 do not have sufficient funds to meet the additional expenditure and therefore, the petitioners could not be paid the salary basing on the revised pay scales. The petitioners therefore, filed the present writ petition challenging the rejection order passed by the Labour Court on 20.12.1999 in M.P.No.105 of 1998. 8. The point for determination in this writ petition is whether the order dated 21.12.1999 passed by the Labour Court, Visakhapatnam in M.P.No.105 of 1998 can be set aside and that the petitioners are entitled for revision of pay scales as per G.O.P.No.162, dated 20.05.1993? 9. The Industrial Tribunal dismissed the application on the premise that the posts of the petitioners are not sanctioned posts and their services have not been regularized and they cannot claim pay scales on par with the regular employees. The learned counsel appearing for the petitioners invited the attention of this Court to the pay bill for the month of March, 1995 wherein the petitioners as well as K.Srinivasa Rao were shown as the employees under the same category, the revised pay scale was given to K.Srinivasa Rao, but the petitioners were not given the said pay scale. The learned counsel also drew the attention of this Court to the proceedings of the Correspondent, V.T.Junior College, Rajahmundry dated 07.01.1993, wherein he stated that the Correspondent of V.T. Junior College, Rajahmundry was pleased to implement the pay of Rs.780/- per month in the scale of pay Rs.780-20-1000-25-1275 with 23% dearness allowance and 20% house rent allowance to Sri Ch.V.S.R.Subba Rao, Record Assistant of the college with effect from 01.01.1993. The learned counsel also brought to the notice of this Court the letter dated 19.04.1995 wherein it is stated that in view of the remarks offered by the principal and in view of the satisfactory service of the incumbent and in view of the present cost of livelihood, the time scale of Rs.780/- is admissible in the College Administration along with other Record Assistants in the college with effect from 01.05.1995. 10. Section 9(A) of the Industrial Disputes Act lays down that: No employer, who proposes to effect any change in the conditions of service applicable to any workman in respect of any matter specified in the Fourth Schedule, shall effect such change,- (a) without giving to the workmen likely to be affected by such change a notice in the prescribed manner of the nature of the change proposed to be effected; or (b) within twenty one days of giving such notice; 11. In the present case, admittedly, as per G.O.P.No.162, revised pay scales were effected to the petitioners with effect from 01.07.1992. Subsequently, it is not open for the respondents to deny them without issuing any notice, the change of the pay scales. Therefore, the writ petitioners are entitled for the revised pay scales as claimed in the writ petition. 12. In view of the above, the order dated 21.12.1999 passed by the Labour Court, Visakhapatnam in M.P.No.105 of 1998 is hereby set aside and the respondents are directed to extend the revision of pay scales of 1986 and also 1993 and also pay the arrears etc. to the petitioners. 13. With the above direction, the writ petition is allowed. There shall be no order as to costs. __________________ R.KANTHA RAO,J Dated: 06.01.2012 kvrm HON'BLE SRI JUSTICE R.KANTHA RAO W.P.No.5117 OF 2000 DATE: 06.01.2012