Delhi High Court - Orders
Ravindra Kumar Sood & Anr vs Union Of India & Ors on 30 September, 2020
Author: Jyoti Singh
Bench: Jyoti Singh
$~A-5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 6925/2020 & CM No. 23752/2020
RAVINDRA KUMAR SOOD & ANR. ..... Petitioners
Through Mr. Om Prakash Gupta, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through Mr. Ravi Prakash, CGSC for R-1 & 2.
Mr. Sanjoy Ghose, Advocate with
Ms. Urvi Mohan, Advocate for R-
3/NTPC.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 30.09.2020 Hearing has been conducted through Video Conferencing. Petitioners herein assail the NTPC Performance Related Pay Policy dated 06.07.2019.
Mr. Sanjoy Ghose appearing on behalf of Respondent No. 3 takes a categorical stand that the said Policy does not apply to the Petitioners herein who are Unionised workmen. He further submits that Unionized workmen and Supervisors in Central Public Sector Enterprises (CPSEs) in the said category are governed by separate Bipartite Settlements which are entered into between them and the NTPC.
He has also drawn the attention of the Court to the Department of Public Enterprises (DPE) Guidelines dated 24.11.2017, which are directions to the Managements of the CPSEs to enter into bipartite settlements with Trade Unions/Associations.
Mr. Ghose also points out that in 2019, special awards as well as additional rewards have been sanctioned for the Petitioners and identically placed staff. He submits that in 2020, after negotiation and settlements, another category of special rewards has been introduced, which too has been negotiated and settled. Mr. Ghose further submits that emoluments and monetary benefits under the special rewards shall be credited to the accounts of the respective workmen, shortly.
Mr. Om Prakash Gupta learned counsel for the Petitioners however disputes the submissions made by Mr. Sanjoy Ghose and submits that in all these Policies and the documents referred to by Mr. Ghose, there is no mention at all of the profit sharing, to which the Petitioners herein are entitled, as per the norms, practice and the policies that have been followed in NTPC for the past several years.
Issue notice.
Mr. Sanjoy Ghose accepts notice on behalf of Respondent No. 3 and seeks a period of two weeks to file a short affidavit.
Short affidavit be filed within a period of two weeks from today. Mr. Ravi Prakash Central Government Standing Counsel accepts notice on behalf of Respondent Nos. 1 & 2 and submits that Respondent Nos. 1 & 2 are pro-forma respondents and may file a short affidavit on behalf of Respondent Nos. 1 & 2. Let an affidavit be filed, if instructed to do so by Respondent Nos. 1 and 2 in two weeks.
Rejoinder(s), if any, be filed within one week thereafter. List on 03.11.2020.
JYOTI SINGH, J SEPTEMBER 30, 2020/yo