1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1107 OF 1998 The National Textile Corporation Technical Supervisory Staff Association (South/North) Maharashtra & Ors. … Petitioners. Versus The Chairman-cum-Managing Director NTC & Ors. … Respondents. Ms. Gayatri Singh for Petitioners. Mr. Ravi Kadam AG i/b Mrs. Meena Doshi for Respondents. CORAM: D.K. DESHMUKH & R. G. KETKAR, JJ. DATED: 14th October, 2009. P.C. 1 By this Petition, the Petitioners which is Association, which has its Members-Technical/Supervisory Staff employed at the National Textile Corporation (South Maharashtra) and 2 National Textile Corporation (North Maharashtra) is claiming directions that they are entitled to the same conditions of service including pay scale as received by the employees of other subsidiaries similarly situated of the National Textile Corporation. However, after hearing of the learned counsel appearing for both the parties and after perusing record, we find that so far there has been no attempt made to equate the posts of supervisory and technical staff working with the two subsidiaries with which we are concerned in this petition and supervisory and technical staff are working with other subsidiaries of National Textile Corporation. Therefore, we suggested to the learned advocates appearing for both the sides that firstly, an attempt will have to be made to equate the posts of supervisory and technical staff in the subsidiaries with which we are concerned in the Petition and the other subsidiaries. Both the parties through their advocates agreed to the suggestions and have also agreed to disposed of the petition in the following terms: i) Mr. John M. Thomas, Consultant/Advisor to National Textile Corporation Ltd., New Delhi is appointed as one 3 man committee to make recommendations to the National Textile Corporation Ltd., New Delhi, about the equation of the posts of Supervisory and Technical Staff working in the subsidiaries which is subject matter of this petition and the supervisory and technical staff working in other subsidiary of National Textile Corporation. ii) For that purpose the committee shall take into consideration the representation and the documents that may be submitted by the Petitioner Association (the staff working in the two subsidiaries with which we are concerned with the Petition) and also the material that may be placed by the employer. The enquiry be held of the classification of following posts: i) Super Senior Assistant ii) Senior Assistant, iii) Junior Assistant iv) Departmental Assistant and v) Foreman and vi) Assistant Foreman. iii) The committee shall be at liberty to grant, if it finds necessary, opportunity of personal hearing to both the sides. The committee shall complete its work and submit the report to 4 the Board of Directors of the National Textile Corporation Ltd. New Delhi as expeditiously as possible, in any case, within a period of six months. The report submitted by the one man committee shall be placed before the Board of Directors only after a copy thereof is supplied to the petitioner (as also to the subsidiary with which we are concerned in this petition) and Petitioner is given two weeks time to submit its point of view on that report. The report can be considered by the Board of Directors alongwith the submission made by the Petitioners and a final decision in relation to the equation of the posts be taken by the Board of Directors. The decision shall be communicated to the Petitioner. In case the Petitioners are aggrieved by the decision, the petitioners shall be at liberty to adopt remedy that may be available to them. The Board of Directors on the basis of the report submitted by the committee shall decide about the equation of the posts and also as to grant of parity, if any, in the conditions of service of the Supervisory and Technical staff working with the subsidiaries with which we are concerned in this petition. Against the decision of the Board of Directors also, remedy that may be available to the Petitioners are kept open. 5 iv) Contentions available to both the sides are kept open to be raised before the committee or before the Board of Directors before its final decision. Writ Petition is disposed of. v) Notice of Motion is permitted to be withdrawn with liberty to take appropriate steps. Notice of Motion is disposed of accordingly. (D.K. DESHMUKH, J) (R.G. KETKAR, J)