2011 (12) TMI 681 - HC - Companies Law

Summary

Issues Involved:

1. Parity in pay scales for 'Employees' from the year 1985.
2. Validity of the learned Single Judge's order granting parity from 01.04.1996.
3. Applicability of the doctrine of 'equal pay for equal work'.

Summary:

Issue 1: Parity in pay scales for 'Employees' from the year 1985

The 'Employees' sought parity in pay scales from 1985, the year of amalgamation of copper mining companies with Hutti Gold Mines Co. Ltd. The 'Employer' contended that the amalgamation order protected the existing service conditions but did not mandate parity in pay scales. The Court noted that the amalgamation order (Clause 9) protected the service conditions of employees at the time of amalgamation but did not provide for immediate parity. The Court found insufficient evidence to prove that the 'Employees' were performing similar work to those in gold mining, thus rejecting the claim for parity from 1985.

Issue 2: Validity of the learned Single Judge's order granting parity from 01.04.1996

The learned Single Judge had granted parity in pay scales from 01.04.1996. The 'Employer' argued against this, while the 'Employees' sought parity from 1985. The Court observed that by 1996, the copper units had been converted to gold units, and there were inter-unit transfers and common pay scales at the officers' level. The Court upheld the Single Judge's order, concluding that the 'Employees' were entitled to parity from 01.04.1996, but not from 1985.

Issue 3: Applicability of the doctrine of 'equal pay for equal work'

The Court referred to the Supreme Court's decision in the case of Surjit Singh, which emphasized that the doctrine of 'equal pay for equal work' requires strict pleadings and proof of various factors such as responsibility, educational qualification, and nature of work. The Court found that the 'Employees' did not provide sufficient evidence to prove that they were performing similar work to those in gold mining before 1996. However, post-1996, the integration of units and common pay scales justified the application of the doctrine, granting parity from 01.04.1996.

Conclusion:

The appeals by the 'Employees' for parity from 1985 were rejected, while the appeals by the 'Employer' against the Single Judge's order were also dismissed. The Court upheld the order granting parity in pay scales from 01.04.1996. All appeals were dismissed, with parties bearing their own costs.