Bihar State Beverages Corporation Ltd. vs Naresh Kumar Mishra

3. That all the original Writ Petitioners are working with the Appellant Corporation on different posts since 2006. That the Appellant Corporation came into existence in view of the decision of the State Government in the year 2006 when it was incorporated as a Government Company in terms of Section 617 of the Companies Act with its main objective being to improve the excise revenue of the Government of Bihar. It appears that a decision was taken not to make any appointment in the Corporation by direct recruitment, but to bring the employees by way of contract/deputation from amongst the employees of the other Board and Corporation and also from retired employees of the Board and/or Corporation of the State or the Central Government. Therefore, as such, there is not a single employee 3 working with the Corporation appointed by the Corporation by way of direct recruit. The Appellant Corporation issued an Advertisement on 18.8.2006 for making appointment by way of contract/deputation of the employees of other Board and Corporation and also from the retired employees of the Board and/or Corporation of the State or Central Government. Such appointment was to be made on the post of Manager, Accounts Officer, Accountant, Assistant Accountant, Depot Manager etc. The advertisement also prescribed pay scale which was then prevalent in the State Government as per the recommendation of the 5th Pay Revision Committee. The respective original Writ Petitioners in both the writ petitions were the employees of the Bihar State Corporation Coordinating Unit (BISCOMAUN); Bihar State Pharmaceutical and Chemical Development Corporation; Bihar State Handloom and Handicraft Development Corporation; Sone Command Area Development Agency; Land Mortgage Bank; Pandaul Co­operative Spinning Mills Ltd., as the case may be. That, all of them applied pursuant to the aforesaid advertisement. All of them were selected on various posts in the Corporation.

3.1 It appears that the employees working with the Corporation were denied the benefit of the pay scale as per the recommendations of the 6th Pay Revision Committee. It appears that, as such, the Board of Directors of the Corporation in its meeting dated 18.5.2010 resolved that the employees appointed on deputation/contract would be granted revised pay scale. However, the Finance Department raised an objection against grant of revision of pay scale as per the 6 th Pay Revision Committee to the employees on deputation and/or contract basis working with the Appellant Corporation and advised the Corporation to grant the benefit of 6th Pay Revision Committee only to the employees of the Corporation and not the employees working in the Corporation on deputation. It appears that, thereafter, the Board of the Corporation in its meeting passed a resolution on 27.3.2012 (as per the Corporation, the said resolution was passed in the light of the letter dated 30.11.2011 of the State Government) and it was resolved that all those employees working with the Appellant Corporation on deputation shall be paid the pay scale payable in their parent Corporation and deputation allowance.

3.2 Therefore, the original Writ Petitioners preferred the aforesaid writ petitions before the High Court for an appropriate direction to the Corporation to grant them the pay scale of 6 th Pay Revision Committee with effect from 1.1.2006 notionally and financial benefit with effect from 1.4.2007. In CWJC No. 9760 of 2012, one additional prayer was made for quashing of the resolution of the Board of Directors dated 27.3.2012.

4.1 Feeling aggrieved and dissatisfied with the judgment and order of the learned Single Judge dismissing the writ petitions, the original Writ Petitioners preferred the aforesaid Letters Patent Appeal No. 112 of 2016 and Letters Patent Appeal No. 568 of 2016. That, by impugned common judgment and order, the Division Bench has allowed both the Letters Patent Appeals and quashed and set aside the common judgment and order passed by the learned Single Judge and consequently the resolution of the Corporation dated 27.3.2012 and directed the Corporation to follow the “Principle of Equal wages for equal work” in the matter of grant of pay scale. The Division Bench also directed the 7 Corporation to pay the revision of pay scales in terms of the 6 th Pay Revision Committee and resolution of the Board of Directors dated 18.5.2010.

5.5 Making the above submissions, it is prayed to allow the present Appeals.

6.5 Making the above submissions, it is prayed to dismiss the present appeals.

10. In view of the above submissions and for the reasons stated hereinabove, both the present Appeals fail and they deserve to be dismissed and are accordingly dismissed. However, it is clarified that the original Writ Petitioners shall be entitled to the pay scale as recommended by the 6th PRC so long as they work in the Appellant Corporation and as and when and in case they are repatriated to their parent Board/Organization they shall be 19 governed by the pay scales paid to the employees of the concerned parent Board/Organization. No costs.

February 05, 2019.