Rajasthan High Court - Jaipur
Raj State Mines&Minerals vs State Of Raj And Ors on 11 April, 2012
Author: Mn Bhandari
Bench: Mn Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER SB Civil Writ Petition No.14055/2008 Rajasthan State Mines & Minerals Karmchari Sangh versus State of Rajasthan & ors 11.4.2012 HON'BLE MR. JUSTICE MN BHANDARI Mr Abhishek Sharma for petitioner Mr Achintya Kaushik for respondents BY THE COURT:
This writ petition was filed at the stage when members of petitioner Sangh were not extended benefit of Rajasthan Civil Services (Revised Pay) Rules, 2008 though same was implemented for officers and other categories.
During pendency of the writ petition, a settlement was arrived at between the management and other union to extend benefit of revised pay scale w.e.f. 1.10.2007. The members of the petitioner Sangh (union) have also been extended benefits of revised pay scales. . The grievance is about the date from which benefit of revised pay scales is to be granted. The officers have been granted benefit of revised pay scale w.e.f. 1.9.2006 whereas members of the petitioner Sangh have been given benefit from 1.10.2007.
The other issue is in regard to denial of representation to the petitioner Sangh to negotiate and settle the issues with the management.
Learned counsel for respondents, on the other hand, submits that petitioner's main grievance has been redressed. The writ petition has not been amended to make a contest regarding grant of benefits w.e.f. 1.9.2006. In the aforesaid background and looking to the changed circumstances, writ petition may be rendered infructuous. If, at all, petitioner Sangh has any grievance regarding effective date to grant benefit of revised pay scales then liberty can be given to raise a dispute for the aforesaid purpose.
I have considered rival submissions of learned counsel for parties and perused the record.
In view of the fact that members of the petitioner Sangh have already been allowed benefit of revised pay scales, writ petition is rendered infructuous. The dispute however remains as to whether members of the petitioner Sangh are entitled to the said benefit from 1.9.2006 or it has rightly been allowed to them w.e.f. 1.10.2007 thus it can be raised by the petitioner Sangh by invoking provisions of the Industrial Disputes Act, 1947 as it needs a finding of fact after settlement between the union and the management.
So far as other issue pertaining to representation of the petitioner Sangh to settle the issue with the management is concerned, other writ petition is pending before this court thus said issue would be decided in those proceedings.
With the aforesaid, writ petition so as the second stay application stand disposed of.
The disposal of the writ petition would not deprive members of petitioner Sangh to get benefit of revised pay scale as is made available to them pursuant to the settlement.
(MN BHANDARI), J.
bnsharma All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.
(BN Sharma) PS-cum-JW