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)
UMA SHANKAR DWIVEDI RESPONDENT(s)
J U D G M E N T
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.
3. Learned senior counsel appearing for the
appellants invited our attention to the Notification
dated 27.04.2006, wherein it has been specifically
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 prerevised
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 prerevised
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.
7. Pending applications, if any, shall stand
8. There shall be no orders as to costs.
[SANJAY KISHAN KAUL]
SEPTEMBER 05, 2018.