M.P. Poorva Kshetra Vidyut Vitaran Co. Ltd. & Ors. vs Uma Shankar Dwivedi

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S). 9146-9148/2018 (ARISING FROM SLP(C) No(s).5285-5287/2016)

M.P. POORVA KSHETRA VIDYUT VITARAN CO. LTD. & ORS. APPELLANT(s)

VERSUS UMA SHANKAR DWIVEDI RESPONDENT(s)

J U D G M E N T

KURIAN, J.

Leave granted.

2. The moot question is whether the appellants are

bound to implement the recommendations of the Fifth

Pay Commission in respect of the

respondent/employees. According to the learned

senior counsel appearing for the appellants, the

respondent belongs to Rewa Society, where the

recommendations of Fifth Pay Commission had not been

implemented and Appellant No.1 extended the benefit

to the employees coming from those societies, where

the benefit of Fifth Pay Commission had been

implemented. There cannot be any dispute that the

employees who have been absorbed shall be governed by

the terms of absorption.

Signature Not Verified

3. Learned senior counsel appearing for the Digitally signed by NARENDRA PRASAD Date: 2018.09.07 16:39:22 IST appellants invited our attention to the Notification Reason:

dated 27.04.2006, wherein it has been specifically

1 mentioned that the pay revision of 2001 of the

appellant No.1 will not be applicable to employees of

Rural Electrification Cooperative Societies absorbed

in the service of Appellant No.1, to whom the pre-

revised pay scales were not applicable. However, the

learned counsel appearing for the respondent

submitted that despite such exclusion, the benefit

has been extended to the employees of the societies

where the pre-revised pay scales were not applicable.

4. We make it clear that in case Appellant No.1 has

extended the benefit of the pay revision Regulations

of 2001, despite the exclusion in the Notification

dated 27.04.2006, to those employees where the pre-

revised pay scales had not been applied, the

respondent/employees belonging to the Rewa Society

will not be discriminated.

5. As far as implementation of recommendations of

Sixth and Seventh Pay Commissions are concerned,

there cannot be any dispute. The benefits will be

extended to the employees of the REC Societies with

effect from the date the benefits of the Sixth and

Seventh Pay Commissions have been given to the

employees of Appellant No.1. If there is any arrears

to be paid in this regard, the same shall be paid

within three months from today.

6. The impugned orders will stand clarified to the

above extent and the appeals are disposed of.

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7. Pending applications, if any, shall stand disposed of.

8. There shall be no orders as to costs.

.......................J. [KURIAN JOSEPH]

.......................J. [SANJAY KISHAN KAUL] NEW DELHI;

SEPTEMBER 05, 2018.

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