Supreme Court of India A.K. Bindal & Anr vs Union Of India & Ors on 25 April, 2003 Equivalent citations: AIR 2003 SUPREME COURT 2189, 2003 (5) SCC 163, 2003 AIR SCW 2625, 2003 LAB. I. C. 2140, 2003 (7) SRJ 267, 2003 (5) ACE 114, 2003 (4) SCALE 313, 2003 (3) SLT 361, (2003) 7 ALLINDCAS 94 (SC), (2003) 4 JT 328 (SC), (2003) 3 SCR 928 (SC), (2003) 4 ALLMR 1160 (SC), (2003) 3 JCR 146 (SC), 2003 SCC (L&S) 620, (2003) 2 LABLJ 1078, (2003) 2 PUN LR 470, (2003) 3 ALL WC 2243, (2003) 2 CURLR 535, (2003) 2 LAB LN 1112, (2003) 114 COMCAS 590, (2003) 102 FJR 876, (2003) 98 FACLR 1, (2003) 2 SCT 957, (2003) 3 SERVLR 460, (2003) 3 SUPREME 669, (2003) 4 SCALE 313, (2003) 3 ESC 265, (2003) 6 INDLD 335 CASE NO.: Transfer Petition (civil) 8 of 2000 PETITIONER: A.K. Bindal & Anr. RESPONDENT: Union of India & Ors. DATE OF JUDGMENT: 25/04/2003 S. Rajendra Babu & G.P. Mathur. JUDGMENT: JUDGMENT With T.C.(C) Nos.2, 4, 3, 9, 10, 11, 12, 13, 15 of 2000, T.C. (C) No.35 of 2000, and T.P. (C) No.326 of 2002 G.P. MATHUR,J. The issue raised in these Transfer Petitions is regarding revision of pay scale of officers of Fertilizer Corporation of India and Hindustan Fertilizer Corporation and, therefore, they are being disposed of by a common order. For the sake of convenience, we will refer to the pleadings in Transfer Case No. 8 of 2000 whereby Writ Petition No. 2108 of 1996 which was filed in Delhi High Court was transferred to this Court. A.K. Bindal, President, Federation of Officers' Association of Fertilizer Corporation of India (for short 'FCI') and Dr. K.P. Sinha, authorised representative of Federation of Officers' Associations of Hindustan Fertilizer Corporation Ltd. (for short 'HFC') filed Writ Petition No. 2018 of 1996 in Delhi High Court praying that Clauses 11,12 and 13 of the Memorandum dated 19.7.1995 issued by Government of India, Ministry of Industry, Department of Public Enterprises and connected clauses of Annexure V of the said Memorandum be quashed and consequently the practice of uniform treatment of the officers in the profit and loss making companies in the FCI/HFC be revived. The other prayer made is that the respondents be directed to pay to the petitioners by way of interim relief at least 60% of the benefit of the revision of pay and perks which their counterparts have been given, pending final decision of the Writ Petition. The respondents arrayed in the Writ Petition are (1) The Union of India through the Secretary, Department of Fertilizers, in the Ministry of Chemicals & Fertilizers; (2) The Secretary, Department of Public Enterprises, Ministry of Industry, Government of India; (3) The Fertilizer Corporation of India Ltd.; and (4) Hindustan Fertilizers Corporation of India Ltd. The pleadings of the parties are fairly long and the documents filed are bulky but we will refer only to basic facts which are necessary for the decision of the controversy. In January, 1961 two Fertilizer companies, namely Sindri Fertilizers and Chemicals Ltd. and Hindustan Fertilizer and Chemicals Ltd. were merged and a new company named as Fertilizer Corporation of India Ltd. (for short 'FCI') was created. Between 1961 and 1977, FCI, came to have 17 Fertilizer Units, 7 of which were in operation while remaining 10 were at various stages of implementation. In 1978 the Government of India set up a Committee to work out the modalities for reorganisation of its Fertilizer Industry. On the basis of the recommendation of the Committee, the Government of India approved the bifurcation and reorganization of FCI and National Fertilizer Ltd. (for short 'NFL') which was an independent and separate undertaking at that time and allocated the various units to the newly created undertakings which were five in number. Namrup, Haldia, Barauni and Durgapur units were allocated to the newly formed Hindustan Fertilizer Corporation Ltd. (for short 'HFC') and Sindri, Gorakhpur, Ramagundam, Talcher, Korba and Jodhpur Mining Organization were retained with FCI. The other units were allocated to newly created Rashtriya Chemicals and Fertilizers Ltd. and National Fertilizers Ltd. while a fifth company dealing exclusively with planning and development was created which was known as Project and Development (India) Ltd. After reorganization, the industrial pattern of pay and DA was introduced and it was made effective from 1.9.1977. The Department of Chemicals and Fertilizers, Government of India issued a circular on 3.9.1979 which provided that revision of pay scales and fringe benefits of the officers of the entire FCI/NFL would be the same and consequently all the officers in the five companies were treated alike with reference to revision of their pay scales and fringe benefits etc. The revision of pay scales of officers which was due from 1.8.1986 could not be given as the Government did not take steps in