Madhya Pradesh High Court
M.P. Oilfed Technical / Non Techniczl ... vs Shri Antony Disa on 27 January, 2020
Author: Prakash Shrivastava
Bench: Prakash Shrivastava
THE HIGH COURT OF MADHYA PRADESH
Con.C.No.1826 of 2014
(M.P. Oilfed Technical/Non-Technical Employees vs. Shri Antony Disa & others)
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Jabalpur, Dated : 27.01.2020
Shri Amalpushp Shroti, learned counsel for the
petitioner.
Shri Shashank Shekhar, learned Advocate General,
Shri Ajay Gupta, learned Additional Advocate General with
Shri Bhoopesh Tiwari, learned Govt. Advocate for the
respondent/State.
Shri Ajeet Kesari, Principal Secretary, Department of Cooperatives and Shri R.R. Singh, Liquidator of Oil Seed Growers Federation are present in person in pursuance to the earlier direction of this Court.
Learned counsel for the petitioner submits that the order dated 02.05.2014 passed in W.P.No.16800/2011 has become final since the writ appeal against the said order has already been dismissed. He further submits that the compliance has been made in respect of all other employees of the Oil Seed Federation, except 58 persons who are member of the present petition, who were not earlier absorbed or sent on deputation. He further submits that the stand of the respondents in the earlier reply dated 01.02.2015 and 27.4.2015 was that they are ready to comply with the same, but subsequently the stand has been changed. He further submits that though in respect of these employees, the orders of absorption have been passed in the year 2019 but that has been challenged by these employees because if they join in pursuance to the said order, then they will loose their earlier rights and that these orders have been passed under Section 55 of the Cooperative Act. He also submits that the issue which the respondents is now raising has duly been considered by the earlier order dated 21.10.2016 passed in this case. He THE HIGH COURT OF MADHYA PRADESH Con.C.No.1826 of 2014 (M.P. Oilfed Technical/Non-Technical Employees vs. Shri Antony Disa & others)
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also submits that the same arguments were advanced in the Con.A No.1/2017 which was filed against the order dated 21.10.2016 and which has now been withdrawn.
Learned Advocate General opposing the prayer has submitted that these 58 persons are not the employees of the State Government and they were working as employees of the Oil Seed Federation and in respect of them, now the orders of absorption have been passed, but these orders have not been complied with by these employees and they have not joined in pursuance to therewith and have chosen to challenge it, therefore, at this stage, the State Government is not liable to extend the benefit of 5th and 6th Pay Commission to these employees. He also submits that the contempt petition has been filed on the basis of only interim order and the writ petition is still pending and in the writ petition three associations are the petitioners and in respect of employees of other two associations, the compliance has already been done and they have no grievance in this regard, but since the petitioners had not disclosed that the members of the petitioner's association are still working in the Oil Seed Federation, therefore, it is difficulty in the compliance, as they are never sent on deputation.
Having heard the learned counsel for the parties and on perusal of the record, it is noticed that at the stage of passing the interim order dated 2.5.2014 in WP No.16800/2011 itself the respondents had raised the same plea that the members of the petitioner-Association are not absorbed and their claim will be settled after absorption/liquidation of assets and this Court after considering the said plea, had directed the respondents to THE HIGH COURT OF MADHYA PRADESH Con.C.No.1826 of 2014 (M.P. Oilfed Technical/Non-Technical Employees vs. Shri Antony Disa & others)
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extend the benefit of the recommendation of the 5 th & 6th pay commission to the members of the petitioner's Association within a time bound period. In this contempt petition this Court is only required to consider the compliance of the order already passed in the case.
The record further reflects that this Court subsequently has considered the issue in detail in the present Contempt Petition while passing the order dated 12.12.2019 and had recorded that:-
"Facts remains that one of the petitioner association representing employees/office who are still working with the Oil Federation are getting wages as per Fourth Pay Commission whereas their counterpart who have either been absorbed or working in the other Govt. department by way of deputation are getting Fifth and Sixth Pay Commissions and some of them have started getting the benefit of Seventh Pay Commission also. The Government has no concrete proposal for grant of this benefit of V, VI and VII Pay Commission to these employees and officers who are still working in the Federation. Since last four years the Government is avoiding their responsibilities to come up with better proposal. The official liquidator is also short of fund and he is somehow making the payment of pensionary benefit to the retired employees. It is the duty of Finance Secretary to come up with the proposal for payment of pay scale to members of this petition."
In terms of the aforesaid order, till now no proposal for payment of pay scale to the members of the petitioner-Association has been submitted by the finance secretary. Hence, the respondents are granted four weeks' time either to comply with the order of this Court or come up with the proposal for payment in terms of the order dated 12.12.2019.
List on 2.3.2020.
(PRAKASH SHRIVASTAVA) JUDGE THE HIGH COURT OF MADHYA PRADESH Con.C.No.1826 of 2014 (M.P. Oilfed Technical/Non-Technical Employees vs. Shri Antony Disa & others)
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SJ Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2020.01.30 23:21:31 -08'00'