Madhya Pradesh High Court
Vikrant Kumar vs Union Of India on 30 August, 2024
Author: Pranay Verma
Bench: Pranay Verma
NEUTRAL CITATION NO. 2024:MPHC-IND:24601 -1-
W.P.No.23044/2023
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
WRIT PETITION No. 23044 of 2023
KARTIK KUMAR
Versus
UNION OF INDIA AND OTHERS
Appearance:
Shri Priyvrat Singh Chouhan, learned counsel for the petitioner.
Shri Himanshu Joshi, learned Dy. Solicitor General for respondent No.1 /
Union of India.
Shri Vivek Patwa, learned counsel for the respondents No.2 and 3.
WITH
WRIT PETITION No. 23048 of 2023
PIYUSH GUPTA
Versus
UNION OF INDIA MINISTRY OF FINANCE DEPARTMENT OF
ECONOMICS OF CURRENCY AND OTHERS
Appearance:
Shri Priyvrat Singh Chouhan, learned counsel for the petitioner.
Shri Himanshu Joshi, learned Dy. Solicitor General for respondent No.1 /
Union of India.
Shri Vivek Patwa, learned counsel for the respondents No.2 and 3.
Signature Not Verified
Signed by: SHAILESH
MAHADEV SUKHDEVE
Signing time: 8/30/2024
2:07:13 PM
NEUTRAL CITATION NO. 2024:MPHC-IND:24601 -2-
W.P.No.23044/2023
WRIT PETITION No. 23052 of 2023
MANOJ KUMAR
Versus
UNION OF INDIA MINISTRY OF FINANCE DEPARTMENT OF
ECONOMICS OF CURRENCY AND OTHERS
Appearance:
Shri Priyvrat Singh Chouhan, learned counsel for the petitioner.
Shri Himanshu Joshi, learned Dy. Solicitor General for respondent No.1 /
Union of India.
Shri Vivek Patwa, learned counsel for the respondents No.2 and 3.
WRIT PETITION No. 23053 of 2023
VIKRANT KUMAR
Versus
UNION OF INDIA AND OTHERS
Appearance:
Shri Priyvrat Singh Chouhan, learned counsel for the petitioner.
Shri Himanshu Joshi, learned Dy. Solicitor General for respondent No.1 /
Union of India.
Shri Vivek Patwa, learned counsel for the respondents No.2 and 3.
WRIT PETITION No. 23055 of 2023
PANKAJ SINGH THAKUR
Versus
UNION OF INDIA MINISTRY OF FINANCE DEPARTMENT OF
ECONOMICS OF CURRENCY AND OTHERS
Signature Not Verified
Signed by: SHAILESH
MAHADEV SUKHDEVE
Signing time: 8/30/2024
2:07:13 PM
NEUTRAL CITATION NO. 2024:MPHC-IND:24601 -3-
W.P.No.23044/2023
Appearance:
Shri Priyvrat Singh Chouhan, learned counsel for the petitioner.
Shri Himanshu Joshi, learned Dy. Solicitor General for respondent No.1 /
Union of India.
Shri Vivek Patwa, learned counsel for the respondents No.2 and 3.
WRIT PETITION No. 23057 of 2023
RAHUL SAHARE
Versus
UNION OF INDIA MINISTRY OF FINANCE DEPARTMENT OF
ECONOMICS OF CURRENCY AND OTHERS
Appearance:
Shri Priyvrat Singh Chouhan, learned counsel for the petitioner.
Shri Himanshu Joshi, learned Dy. Solicitor General for respondent No.1 /
Union of India.
Shri Vivek Patwa, learned counsel for the respondents No.2 and 3.
WRIT PETITION No. 23058 of 2023
HEMANT KUMAR PARASTE
Versus
UNION OF INDIA AND OTHERS
Appearance:
Shri Priyvrat Singh Chouhan, learned counsel for the petitioner.
Shri Himanshu Joshi, learned Dy. Solicitor General for respondent No.1 /
Signature Not Verified
Signed by: SHAILESH
MAHADEV SUKHDEVE
Signing time: 8/30/2024
2:07:13 PM
NEUTRAL CITATION NO. 2024:MPHC-IND:24601 -4-
W.P.No.23044/2023
Union of India.
Shri Vivek Patwa, learned counsel for the respondents No.2 and 3.
WRIT PETITION No. 23066 of 2023
LOKESH CHAKRWATI
Versus
UNION OF INDIA MINISTRY OF FINANCE DEPARTMENT OF
ECONOMICS OF CURRENCY AND OTHERS
Appearance:
Shri Priyvrat Singh Chouhan, learned counsel for the petitioner.
Shri Himanshu Joshi, learned Dy. Solicitor General for respondent No.1 /
Union of India.
Shri Vivek Patwa, learned counsel for the respondents No.2 and 3.
WRIT PETITION No. 23075 of 2023
ROBIN MAMGAIN
Versus
UNION OF INDIA AND OTHERS
Appearance:
Shri Priyvrat Singh Chouhan, learned counsel for the petitioner.
Shri Himanshu Joshi, learned Dy. Solicitor General for respondent No.1 /
Union of India.
Shri Vivek Patwa, learned counsel for the respondents No.2 and 3.
WRIT PETITION No. 23076 of 2023
Signature Not Verified
Signed by: SHAILESH
MAHADEV SUKHDEVE
Signing time: 8/30/2024
2:07:13 PM
NEUTRAL CITATION NO. 2024:MPHC-IND:24601 -5-
W.P.No.23044/2023
NITIN SHRIVASTAVA
Versus
UNION OF INDIA AND OTHERS
Appearance:
Shri Priyvrat Singh Chouhan, learned counsel for the petitioner.
Shri Himanshu Joshi, learned Dy. Solicitor General for respondent No.1 /
Union of India.
Shri Vivek Patwa, learned counsel for the respondents No.2 and 3.
WRIT PETITION No. 23079 of 2023
SHEKHAR EVANE
Versus
UNION OF INDIA AND OTHERS
Appearance:
Shri Priyvrat Singh Chouhan, learned counsel for the petitioner.
Shri Himanshu Joshi, learned Dy. Solicitor General for respondent No.1 /
Union of India.
Shri Vivek Patwa, learned counsel for the respondents No.2 and 3.
ORDER
(Reserved on 14/08/2024) (Pronounced on 30/08/2024)
1. Since these petitions raise common questions of facts and law they have been heard together and are being decided by a common order. For the sake of convenience facts are being taken from W.P.No.23044/2023. Signature Not Verified Signed by: SHAILESH MAHADEV SUKHDEVE Signing time: 8/30/2024 2:07:13 PM
NEUTRAL CITATION NO. 2024:MPHC-IND:24601 -6- W.P.No.23044/2023
2. By this petition preferred under Article 226 of the Constitution of India, the petitioner has prayed for a direction to the respondents to make rectification in his basic pay scale and bring it at par with that of counter part employees at SPM
- Hoshangabad and for directing respondent No.2 to pay arrears of salary since 01/01/2017 including all fitment and benefits at par with the pay scale of SPM - Hoshangabad unit.
3. As per the petitioner he is an employee working under the Division of respondent No.3 which is controlled by respondent No.2. He is associated with SPMCIL (BNP, Dewas Unit) having joined in the capacity of Supervisor (Control) on 01/11/2011 in the CDA pay scale of Rs.9300/- + 4200/- Grade Pay. The respondent No.2 is responsible for over all management of SPMCIL.
4. Respondent No.1 passed an order dated 27/06/2012 for change over to IDA pattern of pay scale from CDA pattern in respect of executive and non unionized supervisors. Pursuant to the order respondent No.2 passed an order dated 7/7/2012 to change over to IDA pattern of pay scale in respect of executive and non unionized supervisors of SPMCIL with effect from 27/06/2012. For implementation of IDA pay scale respondent No.2 passed an order dated 14/09/2012. The Union Employees of SPM Hoshangabad preferred W.P.No.16364/2012 challenging the orders changing the pattern of pay scale and Signature Not Verified Signed by: SHAILESH MAHADEV SUKHDEVE Signing time: 8/30/2024 2:07:13 PM NEUTRAL CITATION NO. 2024:MPHC-IND:24601 -7- W.P.No.23044/2023 offering low pay scale than the existing pattern. By order dated 1/10/2012 interim relief was granted to the effect that the benefits extended to the members of the petitioner union therein shall not be withdrawn pursuant to the order dated 14/9/2012. In compliance of the said order the members of SPM Hoshangabad were entitled to CDA benefits and the IDA pay scale along with the benefits of IDA was made applicable to employees of all other units including petitioners Dewas unit.
5. Respondent No.2 made an out of Court settlement with SPM Employees Union pursuant to which the aforesaid petition was dismissed as withdrawn by order dated 14/07/2017. Thereafter all the employees of Hoshangabad Unit were shifted to IDA pay scale. The same has resulted in basic pay disparity as petitioner is governed by IDA pay scale and members of SPM Hoshangabad are covered by CDA pay rules and with the awarding of 7th Pay Commission to the members of SPM Hoshangabad in the year 2016 the basic pay scale between the petitioner and members of SPM Hoshangabad has unreasonable variance. The petitioner made representations before respondent No.2 and also filed grievances at unit level to rectify the issue but no action was taken by respondents and he was informed that it being a policy matter the unit has forwarded the grievance to Signature Not Verified Signed by: SHAILESH MAHADEV SUKHDEVE Signing time: 8/30/2024 2:07:13 PM NEUTRAL CITATION NO. 2024:MPHC-IND:24601 -8- W.P.No.23044/2023 the SPMCIL CHO. However, no directions have been given by CHO hence the instant petition has been preferred.
6. Learned counsel for the petitioner has submitted that the acts of the respondents are illegal, arbitrary and contrary to the rights enshrined under Article 14 of the Constitution of India. Petitioner and other members of SPM Hoshangabad Unit are working at the same post. The tenure of their service is similar. The disparity in their pay scale merely on the basis of the order of this Court and the out of Court settlement by respondent No.2 is totally illegal. The unequal scale of pay is based on no classification or irrational classification wherein SPM Hoshangabad employees are drawing different scale of pay than the petitioner though both have identical work under the same employer. Petitioner is in every way similarly situated to the employees at Hoshangabad and the only difference is in the place of work which cannot be a criteria to deny the benefits to the petitioner. The nature of work, performance of duties, qualifications, the quality of work performed by them is same putting both of them at the same footing. No action has been taken by respondent No.2 despite representations having been made by the petitioner. Reliance has been placed by learned counsel for the petitioner upon the decisions of the Apex Court in the case of Harbanslal Sahnia & Anr. V/s. Indian Oil Corporation Ltd & Ors. (2003) 2 SCC 107, Signature Not Verified Signed by: SHAILESH MAHADEV SUKHDEVE Signing time: 8/30/2024 2:07:13 PM NEUTRAL CITATION NO. 2024:MPHC-IND:24601 -9- W.P.No.23044/2023 Godrej Sara Lee Ltd. V/s. Excise and Taxation Officer-cum-Assessing Authority & Others, 2023 SCC Online SC 95 and State of Tamil Nadu & Anr. V/s. National South Indian River Interlinking Agriculturist Association, (2021) 15 SCC 534. It is hence submitted that petition deserves to be allowed.
7. Reply has been filed by respondents No.2 and 3 and the learned counsel for respondents No.2 and 3 has submitted that different units of SPMCIL work independently of each other and are engaged in different functions. The units ie., Bank Note Press, Dewas and Security Paper Mill, Narmadapuram are engaged in manufacturing of bank notes of different denominations and high quality bank notes and other security papers respectively. The service conditions, work atmosphere, various perks, etc are different in both the units. The Bank Note Press, Dewas works in two shifts whereas the Security Paper Mill, Narmadapuram works in three shifts. There is lunch allowance of Rs.325/-per day at Bank Note Press, Dewas whereas there is no such allowance at Security Paper Mill, Narmadapuram. The incentives scheme as finalized between recognized union and management and registered with Labour Department Authorities are different for both the units. The Security Paper Mill, Narmadapuram offers a more challenging and tough working atmosphere without air conditioning and is more dangerous in operations and is located at challenging geographical location. The Signature Not Verified Signed by: SHAILESH MAHADEV SUKHDEVE Signing time: 8/30/2024 2:07:13 PM NEUTRAL CITATION NO. 2024:MPHC-IND:24601 -10- W.P.No.23044/2023 operations in terms of complexity, risk of physical hazard, use of hazaradous chemicals and operating temperature is different in the Security Paper Mill, Narmadapuram whereas at the Dewas unit the work and the working conditions are completely different as it involves printing high quality bank notes of different denominations and the entire plant is air conditioned as the machines implanted are sensitive and operate in air conditioned premises. It is further submitted that the petitioner is having efficacious alternate remedy available to him to approach the Grievances Rederssal Mechanism of SPMCIL.
8. I have considered the submissions of the learned counsel for the parties and have perused the record.
9. Admittedly, the petitioner has the alternate and efficacious remedy of approaching the Grievances Redressal Mechanism of SPMCIL. The mechanism for redressal of grievance has been provided for by the respondents themselves by (Annexure R/1). Therein various levels have been created for redressal of the grievance from Shopfloor Committee to Unit Level Committee to Headquater Grievance Committee to grievance referred to Corporate Office and further an appeal to the Chief Managing Director. There is hence a comprehensive mechanism for redressal of any grievance of an employee of SPMCIL. As per the petitioner himself, as stated by him in Paragraph 5.11 of the petition, he has made Signature Not Verified Signed by: SHAILESH MAHADEV SUKHDEVE Signing time: 8/30/2024 2:07:13 PM NEUTRAL CITATION NO. 2024:MPHC-IND:24601 -11- W.P.No.23044/2023 representations before respondent No.2 and has also filed grievances at unit level regarding the issue as raised by him in this petition to rectify the disparity of pay anomaly with the members of SPM Hoshangabad. He has approached this Court only for the reason that his grievance has not been redressed expeditiously. If the petitioner has raised his grievance before the Grievance Rederessal Unit as per the Grievance Redressal Mechanism and if the same was not being decided expeditiously, then that would not confer any right upon him to approach this Court straightaway. His remedy would have been to seek for a direction for his grievance to be redressed expeditiously.
10. It may further be observed that the petitioner has only stated in the petition that he has filed an application at unit level regarding his grievance but no copy of any such application submitted by him has been placed on record. Only a legal notice dated 05/06/2023 (Annexure P/6) has been filed but the same is also addressed to Chariman - cum - Managing Director of SPMCIL whereas as per the petitioner himself he has filed his grievance at the unit level. If he has done so then the same would be perfectly justified since under the mechanism it is firstly the Unit Level Committee which has to consider the grievance. Thus, in absence of any application on record to show that petitioner has approached the Unit Level Signature Not Verified Signed by: SHAILESH MAHADEV SUKHDEVE Signing time: 8/30/2024 2:07:13 PM NEUTRAL CITATION NO. 2024:MPHC-IND:24601 -12- W.P.No.23044/2023 Committee it cannot be held that he has resorted to the alternate remedy available to him.
11. Clause 3 of the Grievance Redressal Mechanism defines grievance for the purpose of the mechanism and states that it means a concern relating to any Industrial worker up to the level of E-5 of the Company. It may also be arising out of payment of salary, recovery of dues, increment, leave, allotment of quarter, medical facilities, promotion, etc. Thus grievance as regards salary is also very much covered under the said mechanism. The grievance of the petitioner in this petition is specifically in respect of his salary which ought to be paid to him consequent upon conferral of pay scale as is being claimed for by him. His grievance is hence specifically covered in the Grievance Redressal Mechanism which fact has not been seriously disputed by the learned counsel for the petitioner. For ready reference Clause 3 if reproduced hereunder :-
" 'Grievance' for the purpose of this scheme would mean a concern relating to any Industrial Worker, Staff Member and Executive upto to the level of E- 5 of the Company related to day-to-day work, equipments, safety gears working tools, production materials, efficiency of the machines and working conditions. It may also be arising out of payment of salary, recoveries of dues, increment, leave, allotment of quarters, medical facilities, promotion / non-promotion, transfer, seniority, etc. However, the Grievances arising out of terms of employment and implied conditions of service in conformity with policy of the Company will not be construed as a Grievance. Grievance pertaining to disciplinary action or appeal against such action shall be regulated as laid down under SPMCIL CDA Rules, 2010 and in all such cases Grievance Redressal Mechanism will not apply." Signature Not Verified Signed by: SHAILESH MAHADEV SUKHDEVE Signing time: 8/30/2024 2:07:13 PM
NEUTRAL CITATION NO. 2024:MPHC-IND:24601 -13- W.P.No.23044/2023
12. From the pleadings of the parties it is apparent that the dispute is facual dispute and the question for consideration is whether the services and working conditions of employees of the unit at Dewas and Narmadapuram are same or different. It has to be ascertained whether the work atmosphere, conditions, etc are different in both the units, whether the allowance and incentives schemes are different and various other related aspects. The operations being performed in both of them also need to be considered. All these factual disputes would be much better appreciated under the Grievance Redressal Mechanism of the respondents which would be in a better position to consider them and to take a decision whether the petitioner is entitled to the same salary as is being given to the employees of the unit of Narmadapuram. In such circumstances, it would not be expedient for this Court at the first instance to decide the grievance of the petitioner in exercise of power under Article 226 of the Constitution of India. It would hence also not be necessary to dwell upon the judgments relied upon by the learned counsel for the petitioner.
13. As a consequence, these petitions in view of alternate remedy available to the petitioners are declined to be adjudicated upon merits and are disposed off with a direction to the respondents to consider the grievance of the petitioners and to take a decision thereupon within a period of four months from today. The Signature Not Verified Signed by: SHAILESH MAHADEV SUKHDEVE Signing time: 8/30/2024 2:07:13 PM NEUTRAL CITATION NO. 2024:MPHC-IND:24601 -14- W.P.No.23044/2023 petitioners are also directed to file appropriate application before the competent authority under the Grievance Redressal Mechanism of the respondents within a period of three weeks from today.
14. The original order be placed in record of W.P.No.23044 of 2023 and a signed copy thereof be kept in all connected petitions.
(PRANAY VERMA) JUDGE SS/-
Signature Not Verified Signed by: SHAILESH MAHADEV SUKHDEVE Signing time: 8/30/2024 2:07:13 PM