1990 (10) TMI 370 - SC - Indian Laws

Summary

Issues Involved:
1. Entitlement to Pay-Scale No. 2 or Pay-Scale No. 3 for Meter Readers/Meter Checkers.
2. Validity of the Second Settlement dated December 2, 1972.
3. Applicability of the First Settlement dated February 22, 1972.
4. Impact of the Rajasthan State Electricity Board Employees (Emoluments) Regulations, 1978.
5. Principle of Equal Pay for Equal Work.

Detailed Analysis:

1. Entitlement to Pay-Scale No. 2 or Pay-Scale No. 3 for Meter Readers/Meter Checkers:
The core issue was whether the respondents were entitled to Pay-Scale No. 2 or Pay-Scale No. 3. The First Settlement dated February 22, 1972, placed Meter Readers/Meter Checkers in Pay-Scale No. 3. However, the Second Settlement dated December 2, 1972, introduced two categories: Meter Reader-I/Meter Checker-I in Pay-Scale No. 3 and Meter Reader-II/Meter Checker-II in Pay-Scale No. 2. The High Court quashed the Second Settlement, leading to confusion about the applicable pay scale. The Supreme Court ultimately ruled that the respondents appointed after April 1, 1974, were not entitled to Pay-Scale No. 3, as their appointment orders clearly stated they were appointed in Pay-Scale No. 2.

2. Validity of the Second Settlement dated December 2, 1972:
The Second Settlement was quashed by the High Court on the grounds that no conciliation proceedings were pending, and the effective date of April 1, 1968, was arbitrary. The Supreme Court noted that the Second Settlement was intended to clarify ambiguities in the First Settlement. Despite its quashing, the Board's actions post-1974 were deemed valid, as they were based on the clarified structure of the Second Settlement.

3. Applicability of the First Settlement dated February 22, 1972:
The First Settlement was to remain in force until March 31, 1974. The respondents argued that it continued to govern their pay scales due to the absence of a termination notice as required under Section 19(2) of the Industrial Disputes Act, 1947. The Supreme Court, however, held that the Board had the authority to appoint Meter Readers in different grades post-1974, and the First Settlement's ambiguity was clarified by the Second Settlement.

4. Impact of the Rajasthan State Electricity Board Employees (Emoluments) Regulations, 1978:
The 1978 Regulations, effective from April 1, 1974, clearly distinguished between Meter Reader-I/Meter Checker-I in Pay-Scale No. 3 and Meter Reader-II/Meter Checker-II in Pay-Scale No. 2. The Supreme Court emphasized that these regulations had statutory force and were applicable to the respondents, thereby justifying their placement in Pay-Scale No. 2.

5. Principle of Equal Pay for Equal Work:
The respondents argued for equal pay for equal work, citing no difference in duties between Meter Reader-I and Meter Reader-II. The Supreme Court rejected this argument, stating that the principle did not apply due to the statutory regulations and the specific terms of their appointments. The court also noted that the issue was raised too late in the proceedings to be considered.

Conclusion:
The Supreme Court allowed the appeals, set aside the High Court's judgment, and dismissed all the writ petitions. The court ruled that the respondents appointed after April 1, 1974, were correctly placed in Pay-Scale No. 2, as per the 1978 Regulations and their appointment orders. The principle of equal pay for equal work was deemed inapplicable in this context. Each party was directed to bear their own costs.