Tripura High Court
Sri Pulin Das vs The State Of Tripura on 15 December, 2017
Author: S. Talapatra
Bench: S. Talapatra
IN THE HIGH COURT OF TRIPURA
AGARTALA
W.P.(C) No.667 of 2017,
W.P.(C) No.849 of 2017,
W.P.(C) No.871 of 2017,
W.P.(C) No.1257 of 2017,
W.P.(C) No.1258 of 2017,
W.P.(C) No.1382 of 2017,
&
W.P.(C) No.1411 of 2017
In W.P.(C) No.667 of 2017
Petitioner:
1. Sri Pulin Das,
son of late Shital Das,
Junior Production Assistant
(Handicrafts), resident of Purba Durlav
Narayan, Sub-Division- Sonamura,
District : West Tripura, PIN : 733115
2. Sri Subal Chandra Nama,
son of late Ruhidas Nama,
Junior Production Assistant
(Handicrafts), resident of Panchayat
Para, Nalchar, Purba Nalchar, Sub-
Division- Sonamura, District : West
Tripura, PIN : 733115
3. Smt. Karuna Sarkar,
daughter of Sri Ganesh Sarkar,
wife of Sri Sanjit Debnath,
Junior Production Assistatn (HL),
resident of 104, Krishna Sanga,
Village - South Charilam, P.S.
Bishamgarh, District : West Tripura
4. Sri Anup Sekhar Das,
son of late Sitangshu Sekhar Das,
Bhati Abhoynagar, Cantonment Road,
P.O. Agartala, PIN : 799001
5. Smt. Sharmila Debbarma,
wife of Sri Shankar Debbarma,
Village- Madhya Banamalipur,
P.S. East Agartala,
District : West Tripura, PIN : 799001
By Advocate :
Ms. S. Debgupta, Advocate
-Versus-
[2]
Respondents :
1. The State of Tripura,
represented by the Secretary to the
Government of Tripura, Department of
Industries & Commerce, Government
of Tripura, Khejur Bagan, P.O.
Agartala, District : Tripura West
2. Director of Handloom,
Handicrafts & Sericulture,
Gurkhabasti, Agartala, Government of Tripura
By Advocate :
Mr. S. Chakraborty, Addl. G.A.
In W.P.(C) No.849 of 2017
Petitioner:
Smt. Niyati Moulik,
wife of late Tapan Moulik,
resident of Vivekanandanagar,
Renters Society, P.O. Renters Colony,
P.S. East Agartala,
District : West Tripura
By Advocate :
Ms. S. Debgupta, Advocate
-Versus-
Respondents :
1. The State of Tripura,
represented by the Secretary to the
Government of Tripura, Department of
Industries & Commerce, Government
of Tripura, Khejur Bagan, P.O.
Agartala, PIN : 799 , District :
Tripura West
2. Directorate of Industries,
Government of Tripura, Khejur Bagan,
Kunjaban, PIN : 799006,
W.P.(C) No.667 of 2017
W.P.(C) No. 849 of 2017
W.P.(C) No. 871 of 2017
W.P.(C) No.1257 of 2017
W.P.(C) No.1258 of 2017
W.P.(C) No.1382 of 2017
W.P.(C) No.1411 of 2017 Page 2 of 12
[3]
District : West Tripura
By Advocate :
Mr. S. Chakraborty, Addl. G.A.
In W.P.(C) No.871 of 2017
Petitioner:
Smt. Malina Debnath,
wife of late Anil Chandra Debnath,
resident of Aralia, Shantipara, P.O.
Aralia via College Tilla, P.S. East
Agartala, District : West Tripura
By Advocate :
Ms. S. Debgupta, Advocate
-Versus-
Respondents :
1. The State of Tripura,
represented by the Secretary to the
Government of Tripura, Department of
Industries & Commerce, Government
of Tripura, Khejur Bagan, P.O.
Agartala, PIN : 799 ,
District : Tripura West
2. Directorate of Industries,
Government of Tripura, Khejur Bagan,
Kunjaban, PIN : 799006,
District : West Tripura
By Advocate :
Mr. S. Chakraborty, Addl. G.A.
In W.P.(C) No.1257 of 2017
Petitioner:
Smt. Shila Deb,
wife of Sri Chittaranjan Deb,
Natun Nagar Handloom Cluster,
Resident of Village- Rajnagar,
P.O. Gandhigram,
District : West Tripura
W.P.(C) No.667 of 2017
W.P.(C) No. 849 of 2017
W.P.(C) No. 871 of 2017
W.P.(C) No.1257 of 2017
W.P.(C) No.1258 of 2017
W.P.(C) No.1382 of 2017
W.P.(C) No.1411 of 2017 Page 3 of 12
[4]
By Advocate :
Ms. S. Debgupta, Advocate
-Versus-
Respondents :
1. The State of Tripura,
represented by the Secretary to the
Government of Tripura, Department of
Industries & Commerce, Government
of Tripura, Khejur Bagan, P.O.
Agartala, District : Tripura West
2. Director of Handloom, Handicrafts &
Sericulture,
Government of Tripura, represented by
Director Pt. Nehru Complex,
Gurkhabasti, Kunjaban, Agartala,
PIN : 799006, District : West Tripura
By Advocate :
Mr. S. Chakraborty, Addl. G.A.
In W.P.(C) No.1258 of 2017
Petitioner:
Smt. Tandra Nandi,
wife of Sri Gobinda Majumder,
resident of 03/154 Ward No.3,
Hall Chowmuhani, Belonia Nagar
Panchayat, P.O. & P.S. Belonia,
District : South Tripura
By Advocate :
Ms. S. Debgupta, Advocate
-Versus-
Respondents :
1. The State of Tripura,
represented by the Secretary to the
Government of Tripura, Department of
W.P.(C) No.667 of 2017
W.P.(C) No. 849 of 2017
W.P.(C) No. 871 of 2017
W.P.(C) No.1257 of 2017
W.P.(C) No.1258 of 2017
W.P.(C) No.1382 of 2017
W.P.(C) No.1411 of 2017 Page 4 of 12
[5]
Industries & Commerce, Government
of Tripura, Khejur Bagan,
P.O. Agartala, District : Tripura West
2. Director of Handloom, Handicrafts &
Sericulture,
Government of Tripura, represented by
Director Pt. Nehru Complex,
Gurkhabasti, Kunjaban, Agartala,
PIN : 799006, District : West Tripura
By Advocate :
Mr. S. Chakraborty, Addl. G.A.
In W.P.(C) No.1382 of 2017
Petitioner:
Smt. Saraswati Ghar,
wife of late Fagoya Ghar,
resident of Santa Nagar,
Siddhi Ashram, Arundhutinagar,
Dukli West Tripura, PIN : 799003
By Advocate :
Ms. S. Debgupta, Advocate
-Versus-
Respondents :
1. The State of Tripura,
represented by the Secretary to the
Government of Tripura, Department of
Industries & Commerce, Government
of Tripura, Khejur Bagan,
P.O. Agartala, District : Tripura West
2. Directorate of Industries,
Government of Tripura, Khejur Bagan,
Kunjaban, PIN : 799006, District :
West Tripura
By Advocate :
Mr. S. Chakraborty, Addl. G.A.
W.P.(C) No.667 of 2017
W.P.(C) No. 849 of 2017
W.P.(C) No. 871 of 2017
W.P.(C) No.1257 of 2017
W.P.(C) No.1258 of 2017
W.P.(C) No.1382 of 2017
W.P.(C) No.1411 of 2017 Page 5 of 12
[6]
In W.P.(C) No.1411 of 2017
Petitioner:
Smt. Lakshi Gar,
wife of late Ganesh Gar,
resident of 16/06 Ward-28/06,
Badharghat, Agartala, Arundhutinagar,
District : West Tripura, PIN : 799003
By Advocate :
Ms. S. Debgupta, Advocate
-Versus-
Respondents :
1. The State of Tripura,
represented by the Secretary to the
Government of Tripura, Department of
Industries & Commerce, Government
of Tripura, Khejur Bagan,
P.O. Agartala, District : Tripura West
2. Directorate of Industries,
Government of Tripura, Khejur Bagan,
Kunjaban, PIN : 799006, District :
West Tripura
By Advocate :
Mr. S. Chakraborty, Addl. G.A.
BEFORE
THE HON'BLE MR. JUSTICE S. TALAPATRA
Date of delivery of : 15.12.2017
Judgment & Order
Whether fit for reporting : Yes No
√
W.P.(C) No.667 of 2017
W.P.(C) No. 849 of 2017
W.P.(C) No. 871 of 2017
W.P.(C) No.1257 of 2017
W.P.(C) No.1258 of 2017
W.P.(C) No.1382 of 2017
W.P.(C) No.1411 of 2017 Page 6 of 12
[7]
JUDGMENT & ORDER (ORAL)
Heard Ms. S. Debgupta, learned counsel appearing for the petitioner as well as Mr. S. Chakraborty, learned Addl. G.A. appearing for the respondents.
2. All these writ petitions being W.P.(C) No.667 of 2017 [Sri Pulin Das and Others vs. the State of Tripura & Ors.], W.P.(C) No.849 of 2017 [Smt. Niyati Moulik vs. the State of Tripura & Ors.], W.P.(C) No.871 of 2017 [Smt. Malina Debnath vs. the State of Tripura & Ors.] and W.P.(C) No.1257 of 2017 [Smt. Shila Deb vs. the State of Tripura & Ors.], W.P.(C) No.1258 of 2017 [Smt. Tandra Nandi vs. the State of Tripura & Ors.] W.P.(C) No.1382 of 2017 [Smt. Saraswati Ghar vs. the State of Tripura & Ors.] & W.P.(C) No.1411 of 2017 [Smt. Lakshi Gar vs. the State of Tripura & Ors.] are consolidated for disposal by a common judgment for two reasons viz.
(1) The resume of fact as laid and the relief prayed in the writ petition barring some insignificant variation are common. (2) This petitions are covered by the previous decisions of this court.
3. One Chandanmoy Dasgupta and fourteen others raised an industrial dispute claiming that they were entitled to pay scale of Rs.240-440/- with effect from 01.04.1979. The award being made by the Labour Court [the labour tribunal], the Government of Tripura published the award under Section 17 of the Industrial Dispute Act, 1947. However, the legality of the said W.P.(C) No.667 of 2017 W.P.(C) No. 849 of 2017 W.P.(C) No. 871 of 2017 W.P.(C) No.1257 of 2017 W.P.(C) No.1258 of 2017 W.P.(C) No.1382 of 2017 W.P.(C) No.1411 of 2017 Page 7 of 12 [8] award was challenged by seeking a judicial review in the Gauhati High Court which had the territorial jurisdiction at the relevant point of time. By the judgment dated 15.11.2002, delivered in WP(C) No.546 of 2001, the award was affirmed. The writ appeal being Writ Appeal No.40 of 2003, carried out from the said judgment of affirmance was also dismissed. Finally, the State implemented the said award in respect of those petitioners. Thereafter, a series of writ petitions were filed in this court and the similar benefit are extended to those industrial workers and the similarly circumstanced persons. However, their entitlement was restricted for three years from the date of filing of the writ petition in most of the cases, as they had approached the court too belatedly and the judgment was passed on the basis of continuing cause of action arising from perennial deprivation in the service. For that purpose, a decision of the apex court was relied on by this court being State of Madhya Pradesh versus Jogendra Srivastava reported in (2010) 12 SCC 538. In this batch of writ petitions, the persons who have retired as the industrial worker and the legal heirs of the industrial workers who died had approach this court for the similar benefit.
4. It emerges that the grant of pay scale of Rs.240-440/- by the industrial award and thereafter on extension of the benefit to the other industrial workers by a series of writ petitions has their cascading effect, even on the appointments made thereafter. For example, the pay scale of Rs.240-440/- which was given with W.P.(C) No.667 of 2017 W.P.(C) No. 849 of 2017 W.P.(C) No. 871 of 2017 W.P.(C) No.1257 of 2017 W.P.(C) No.1258 of 2017 W.P.(C) No.1382 of 2017 W.P.(C) No.1411 of 2017 Page 8 of 12 [9] effect from 01.04.1979 was modified by the Tripura Government Services (Revised Pay) Rules, 1982 to Rs.430-850/-. It was further revised by the Tripura State Civil Services (Revised Pay) Rules, 1988 to Rs.950-Rs.2,170/- and that was again revised by Tripura State Civil Services (Revised Pay) Rules, 1999 to Rs.3,500-Rs.5,910/-. These are for the illustration. If there occurred further modification by way of amendment or by notification from the competent department, those changes are to be taken into consideration by the respondents for purpose of getting the appropriate scale and pay for the industrial workers whose entitlements are subject matter of this writ petition.
5. There is no dispute in this regard, atleast it does not appear from the reply filed by the respondents that the retired industrial workers or the deceased industrial workers were not in the position of the industrial workers in the same class in whose favour the industrial award was made. The state by filing their reply in this batch of writ petitions has fundamentally contended that since the petitioners did not join on 01.04.1979 in the scale of pay of Rs.240-440/- they will not be entitled to get the same benefit.
6. In Para-12, the respondents have contended further that on the basis of their joining in the service, it cannot be said that the petitioners are similarly circumstanced with the petitioner of WP(C) No.07 of 2006 who were allowed the pay scale of Rs.240-440/- and who had joined on or before 01.04.1979. W.P.(C) No.667 of 2017 W.P.(C) No. 849 of 2017 W.P.(C) No. 871 of 2017 W.P.(C) No.1257 of 2017 W.P.(C) No.1258 of 2017 W.P.(C) No.1382 of 2017 W.P.(C) No.1411 of 2017 Page 9 of 12 [10]
7. Mr. S. Chakraborty, learned Addl. G.A. appearing for the respondents has further contended that the revision was carried out on various times. All the relevant factors were considered for revision of pay scale. The denial of one particular pay scale at one point of time is one thing, but the subsequent revision may not necessarily be followed in all the cases particularly when the persons who were appointed later on they knew that they were appointed in a particular pay scale, now they cannot resile after accepting their letter of appointment to claim the higher pay scale in terms of the said industrial award. Even though, on the first blush, the said submission appears attractive. But in the light of cascading effect, it is to be relegated.
8. Ms. S. Debgupta, learned counsel appearing for the petitioner has submitted that in the previous writ petitions those who were appointed much after 01.04.1979 even in the year 1999 also, they were granted the benefits of the said industrial award. On scrutiny of the judgments as filed with the writ petition, this court finds the correctness of the said statement.
9. Having situated thus, this court is of the view that since the fundamental issue in the industrial award was to implement the pay scale of Rs.240-440/- for the industrial workers and by the subsequent decision, this court by omitting the requirement of the formal training has allowed the same pay scale of Rs.240-Rs.440/- for all the industrial workers, there can be hardly any space for further analysis of the industrial award in W.P.(C) No.667 of 2017 W.P.(C) No. 849 of 2017 W.P.(C) No. 871 of 2017 W.P.(C) No.1257 of 2017 W.P.(C) No.1258 of 2017 W.P.(C) No.1382 of 2017 W.P.(C) No.1411 of 2017 Page 10 of 12 [11] the context. As such, the industrial workers generally are entitled to get the revised pay scale of Rs.240-440/-. On the basis of the fundamentals of the revision of pay scales, the pay scales evolved to Rs.950-Rs.2,170/- with effect from 01.01.1986 by the ROP Rules, 1968 and further to the pay scale of Rs.3,350-5,910/- with effect from 01.01.1996 by the ROP Rules, 1999. These scales will also be entitled to the industrial workers. It is made again clear that if any change by way of notification or amendment has taken place at the instance of the competent authority, the petitioners shall also be entitled to such benefits. Since, the plea as raised by the respondents that those who were not appointed on 01.04.1979 or prior to that, cannot be allowed that argument has been demolished by the subsequent decisions of this court and this court cannot take a different view as a matter of propriety even there is no overwhelming and persuasive logic. Thus, all these writ petitions are allowed. The industrial workers' pay scale would operate with effect from 01.04.1979 on the basis of the pay scale of Rs.240-440/- and its subsequent revision irrespective of their date of appointment. It is made clear that the petitioners would further be entitled to the benefit either for their own service or for the service of the deceased industrial workers on the basis of the corresponding revised pay scales and accordingly, the arrears whatsoever would come shall paid to the writ petitioners. It is, however, made clear that the arrears shall be notionally fixed as the financial benefits shall be restricted. The financial W.P.(C) No.667 of 2017 W.P.(C) No. 849 of 2017 W.P.(C) No. 871 of 2017 W.P.(C) No.1257 of 2017 W.P.(C) No.1258 of 2017 W.P.(C) No.1382 of 2017 W.P.(C) No.1411 of 2017 Page 11 of 12 [12] benefits be paid from the day three years prior to the institution of the writ petitions. The arrears may be paid within a period of six months from the date when the petitioners shall submit a copy of this order.
10. For purpose of obviating any confusion, the date of institution of the writ petitions are shown in a table below :
Sl. No. No. of the Writ petition Date of Institution
1. WP(C) No. 667 of 2017 13.06.2017
2. WP(C) No. 849 of 2017 25.07.2017
3. WP(C) No. 871 of 2017 28.07.2017
4. WP(C) No. 1257 of 2017 13.09.2017
5. WP(C) No. 1258 of 2017 13.09.2017
6. WP(C) No. 1382 of 2017 02.11.2017
7. WP(C) No. 1411 of 2017 10.11.2017 In terms of the above, all these writ petitions are allowed to the extent as indicated above.
There shall be no order as to costs.
JUDGE Sabyasachi. B W.P.(C) No.667 of 2017 W.P.(C) No. 849 of 2017 W.P.(C) No. 871 of 2017 W.P.(C) No.1257 of 2017 W.P.(C) No.1258 of 2017 W.P.(C) No.1382 of 2017 W.P.(C) No.1411 of 2017 Page 12 of 12