Case: DTC Security Staff Union Vs. DTC and Ors

2. The Appellant sought a Reference on 24.10.1979, under the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) with regard to revision of pay-scale of Security Staff up to the rank of Assistant Security Inspector, in the Delhi Transport Corporation (hereinafter referred to as the Corporation). The Industrial Tribunal, by Award dated 22.08.1985 held that Assistant Security Officer, Security Havaldar and Security Guard in the services of the Corporation were entitled to the pay-scale of Rs. 425-700/-, Rs. 260-350/- and Rs. 225-308/- respectively, with effect from 01.10.1979, at par with their counterparts in the Delhi Police Force. The Corporation challenged the Award unsuccessfully before the Single Judge. The Division Bench set aside the Award, and which is presently assailed.

Reasoning: The Tribunal opined that it was an arduous and time consuming task. On that basis, the Tribunal proceeded to assume jurisdiction with regard to grant of the appropriate pay-scale. It hardly needs emphasis that grant of pay scale is a highly technical and complex matter, which requires consideration of a host of factors, such as the qualifications for the posts, the method of recruitment, the nature of duties, etc. Therefore, the Courts/Tribunal are loathe to interfere in matters with regard to grant of pay-scale7. There is no material to hold that pay-scale of Deputy Security Officer and Security Officer in the Corporation was consciously kept at par with that of the Delhi Police keeping in mind aspects with regard to the qualifications, nature of duties, etc. Merely because the pay-scale may have been and remained the same, it cannot lead to the conclusion of a conscious parity on the principle of equal pay for equal work so as to make it discriminatory and a ground for grant of parity to Assistant Security Officer, Security Havaldar and Security Guard also. The Tribunal ought to have refrained from going into the exercise of fixation of pay-scales no sooner that it was brought to its attention that a Commission constituted for the purpose was examining the same. Though the Tribunal examined the pay scales given to similarly situated security personnel in other organisations, and also the next below post principle in the Corporation itself, ignoring the difference in the methods of recruitment and qualifications for appointment in the two organisations, it primarily based its conclusion to grant parity of pay-scale to Assistant Security Officer, Security Havaldar and Security Guard merely for the reason that parity of pay-scale existed for the posts of Deputy Security Officer and Security Officer with that of the Delhi Police8. It is not in dispute that the pay-scale of the employees of the Corporation, including the security cadre, have been revised from time to time in accordance with the recommendations of 4th, 5th, 6th Pay-Commission and now the 7th Pay-Commission. There is no material on record that the Appellant at any time filed any objection or raised issues for grant of appropriate pay-scale either before the 4th Pay-Commission or the successive Commissions. If the award of the Tribunal is to be implemented today, it will create a highly anomalous position in the Corporation, and shall lead to serious complications with regard to the issues of pay-scale vis-à-vis recommendations of the Pay-Commission and would generate further heartburn and related problems vis-à-vis other employees of the Corporation9. The Government of Delhi, which would have had to bear the financial burden, did not concur with the Board of the Corporation to abide by the Award. The vast difference in the nature of general duties performed by personnel of the police force in contradistinction to that of security personnel discharging limited security duties in the confines of the Corporation hardly needs any emphasis.