SC decision in AK Bindal v UOI 2003(2)LLJ 1078
BRAJENDRA SINGH
(Querist) 22 April 2008
This query is : Resolved
Please provide me copy of the abovesighted judgement of the Hon'ble Court.
BRAJENDRA SINGH
Manish Singh
(Expert) 22 April 2008
CASE NO.:
Transfer Petition (civil) 8 of 2000
PETITIONER:
A.K. Bindal & Anr.
RESPONDENT:
Union of India & Ors.
DATE OF JUDGMENT: 25/04/2003
BENCH:
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
