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PETITIONER: PARAS NATH AND ANR. MAMMAN SINGH AND ORS.

       Vs.

RESPONDENT: UNION OF INDIA AND ORS.

DATE OF JUDGMENT28/11/1989

BENCH: MISRA RANGNATH BENCH: MISRA RANGNATH SAWANT, P.B. RAMASWAMY, K.

CITATION:  1990 AIR  298            1989 SCR  Supl. (2) 323  1989 SCC  Supl.  (2) 513 JT 1989 (4)   436  1989 SCALE  (2)1164

ACT:     Delhi    Milk   Scheme:   Dairy   Mates--Junior    plant operatives-semi skilled operatives--Grievance--Doing work of skilled  workers--But  classified as unskilled  workers  and paid salary--Validity of.

HEADNOTE:     The  firsf petition is on behalf of one  thousand  Dairy Mates and the other on behalf of 280 workers as Junior Plant Operatives  and  semiskilled Operatives.  The  grievance  of Dairy  Mates  is that although they perform  the  duties  of semi-skilled  workers they have been wrongly  classified  as unskilled  workers and paid salaries as such. Similarly  the grievance  of the Junior Plant Operatives  and  semi-skilled Operatives  is  that  they are actually doing  the  work  of skilled workers but are classified as unskilled workers  and paid salary as such.     In view of the disputed questions relating to the nature and  functions of the workmen involved, the  Court  referred the  matter  to the Central Govt.  Industrial  Tribunal-cum- Labour  Court  to report to the Court as to  what  would  be appropriate pay scales admissible to the concerned  workers. On the basis of additional material and evidence produced by the  workers, the Tribunal made its report  and  recommended that  taking  into consideration all the facts  and  circum- stances,  the Mates and JPOs may be given the pay  scale  of Rs.800-1150,  the semi-skilled operatives may be  given  the scale of Rs.825-1200 and the skilled operatives may be given the scale of Rs.950-1400. The Union of India criticised  the pay  scale  recommended to the Mates contending  that  their work  was of unskilled nature. Accepting the report  of  the Tribunal  while allowing the Petitions in terms of  the  re- port, this Court,     HELD: There is no roster of duties and functions of  the Mates  in any Unit and all Mates have to do the work of  the Units to which they are assigned on any particular day.  The Mates  have  thus to be versatile with the work in  all  the Units,  both unskilled and semi-skilled. This  is  certainly not the case with the Sweepers, Chowkidars and Malls who are categorised as unskilled workers. This being the case, there

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is no merit in the contention of the Union of India that the Mates should be 324 treated on par with the unskilled workers. [328C-D]

JUDGMENT: ORIGINAL JURISDICTION: WritPetitionNos. 251&558of 1987. (Under Article 32 of the Constitution of India) R.K. Jain and R.P. Gupta for the Petitioners.     Kapil Sibal, R.B. Misra, B.B. Sawhney, R.K. Mehta (N.P.) and Ms. A. Subhashini for-the Respondents. The Judgment of the Court was delivered by     SAWANT, J. The petitioners in Writ Petition No. 25 1  of 1987 are Dairy Mates whereas, those in Writ Petition No. 558 of 1987 are Junior Plant Operatives and Semi-Skilled  Opera- tives,  all  working with the Delhi Milk Scheme.  The  first petition is on behalf of about one thousand workers,  where- as,  the second petition is on behalf of about 280 of  work- ers.     2.  The  grievance of the Dairy Mates is  that  although they perform the duties and functions of semi-skilled  work- ers, they have been wrongly classified as un-skilled workers and  paid  salary  as such, as recommended by  the  4th  Pay Commission namely, Rs.750-940 instead of Rs.800-1 150  which is  the salary recommended to the semiskilled  workers.  The grievance  of the Junior Plant Operatives  and  Semi-Skilled Operatives  is  that they are actually’ doing  the  work  of skilled  workers, but are classified similarly as  unskilled workers  and  paid  salary as such. Both,  further,  have  a grievance  that  their counterparts  in  other  departments, particularly in Railways, have been properly classified  and are paid salary accordingly.     3.  The petitions were resisted by the respondent  Union of  India by filing counter affidavits denying  the  conten- tions  of  the petitioners that their work was  of  a  semi- skilled or skilled character as alleged. 4. In view of the disputed questions relating to the  nature and  functions  of the workmen involved, this Court  by  its order  of July 29, 1988 referred the matter to  the  Central Govt.  Industrial  Tribunal-cumLabour Court,  New  Delhi  to report  to the Court on what would be the  appropriate  pay- scales  admissible to the concerned workers,  after  looking into the record and giving an opportunity to the parties  to produce  before it such further material as they may  desire to  do.  Pursuant to the order, the Tribunal  submitted  its report dated October 325 28,  1988. It appears from the report that the Tribunal  had given  opportunities to both the parties to make  additional submissions, if any, and to file further material which they wished to do. Pursuant to the opportunity given, the workers in  both  the  petitions produced  additional  material  and evidence.  The respondent Union of India, however,  did  not produce  any further material or evidence. On the  basis  of the  material which was already on record, and  the  further material  produced before it, the Tribunal made its  report. The relevant portions of the report may be reproduced  here- under:               3.  "There are 4 categories of workmen in  the               DMS  viz.  Dairy  Mates,  (DM),  Junior  Plant               Operatives  (JPO),  Semi  Skilled   Operatives               (SSO) and Skilled Operatives (SO). The deploy-

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             ment registers of the various units read  with               the  evidence of Shri Lajpat Rai Saxena  Dairy               Supervisor,  conclusively prove that the  var-               ious  categories  of  workmen  are  performing               similar duties and their positions are  inter-               changeable  with the result that there  is  no               clear demarcation as to what function is to be               performed  by which category of workmen.  Shri               Lajpat Rai Saxena has clearly stated that  the               nature  of duties and the degree or  skill  of               S.O.,  S.S.O., and J.P.Os and D.Ms  is  almost               same  and  that  sometimes the  work  done  by               S.S.Os is performed by S.O. and J.P.Os subject               to  the availability of the category of  work-               men. To a question by this Tribunal he replied               that if an S.O. is available he will be posted               as an S.O. only but when no S.O. is available,               then S.S.O. is put in his place and  sometimes               J.P.Os  and Dairy Mates may be put to work  in               his  place. He further stated  that  generally               there  is  a  shortage of S.Os and  then  they               have  to  put other categories of  workmen  in               their places. The position is fully borne  out               by the various deployment registers  .........               "               4."   ...........  The position of  deployment               of  the various categories of workmen  clearly               goes  to  show that their  duties  are  inter-               changeable without any consideration for their               grades/designations. The position obtaining on               the ground clearly repells the contentions  of               the respondents contained in affidavit of Shri               K.G.  Krishnamurty that the functions  of  the               various categories of workmen are distinct and               separate.  The respondents have not been  able               to  produce any document in support  of  their               contention  to  show that the  duties  of  the               various categories of workmen as enumerated in               the affidavit of Shri K.G. Krishnamurty               326               were  even published or actually followed.  On               the  other  hand, Shri Lajpat Rai  Saxena  has               stated  that since the time he joined  service               in  the year 1972 he had not come  across  any               roster of duties for the different  categories               of  workers such as S.O., SSO, JPOs and  Mates               and no such roster had been issued after 1972.               He had heard that there was a roster of duties               issued prior to his joining of service but  he               had  not seen any such roster. It  would  thus               appear that if there was any such roster prior               to  1972  it  got into disuse  and  was  never               enforced."               5.  "The  nature  of  functions  performed  by               various workmen shows that they require a good               degree of skill. In other words, the functions               can  be  performed only by skilled  and  semi-               skilled workers and not by unskilled  workers.               Shri  Lajpat Rai Saxena has stated that  there               are 5 milk pasteurisers and 2 cream pasteuris-               ers  in  the plant unit  of  Process  Section.               There  are also two chillers in  R.S.M.  There               are  13 machines in the product  section.  All               these machines can be operated only by skilled               workers.  He  further stated that  the  bottle

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             filling  plant  is automatic  and  the  entire               working  is  also automatic. They have  got  a               separate pest control section for cleaning and               sweeping. Sweepers of Pest Control Section are               not  used for cleaning machines which is  done               only  by the SO, SSOs, JPOs and  Dairy  Mates.               This further goes to show that even the clean-               ing  of  machines requires skill and  the  job               cannot be performed by unskilled workers. Even               the  Management  of DMS  recognises  that  the               duties performed by the mates and junior plant               operatives  who  have been  clubbed  with  the               unskilled category of peons, chowkidars  etc.,               are  much  more  onerous in  nature  and  they               deserve  a better deal (see the  letter  dated               4-9-86 addressed by the Chairman D.M.S. to the               Joint Secretary Ministry of Agriculture).  The               first  petitioners  have placed  on  record  a               photo copy of the identity card issued to  the               mates  (page 110 Vol. 1) which shows that  the               D.  Mates  were  being  treated  as  Technical               Personnel for the purpose of issue of identity               cards.  The job cards annexures 1 to  6  (Vol.               II)  further  go to show that the  mates  have               been  performing  skilled/semi-skilled  duties               such as repairing of Driver seats  vulcanising               of  punctures, other repairs of  vehicles  and               servicing. All these jobs could not have  been               done  by unskilled workers. Under the  circum-               stances, I have no hesitation in holding  that               the               327               mates  and junior plant operatives have  ’been               unfairly treated by the 4th Pay Commission  by               giving  them  lowest pay  scale  of  unskilled               category  of  workmen  like  peons,  sweepers,               chowkidars  etc.  This  category  of   workmen               difinitely deserves to be given a higher grade               than  the lowest meant for unskilled  category               of workmen. While it may be conceded that  due               to  the  diffuse nature of duties,  the  Dairy               Mates  and  Junior  Plant  Operatives  of  DMS               cannot  be compared with the Gangmates in  the               Railways, yet the case of the Dairy Mates  and               Junior Plant Operatives of the DMS has intrin-               sic merit. No doubt the workmen categorised as               semi-skilled  (SSOs) at present  are  carrying               out the functions of Skilled Operatives  (SOs)               frequently,  yet, so are the Mates  and  JPOs.               However,  all the workmen cannot be given  the               grade  of  SOs because the  considerations  of               career planning and promotions etc. have to be               kept in view. Already it is being  represented               that  the  various categories of  workmen  are               stagnating in their respective grades for  the               last  20-25  years. The  same  complaint  will               arise afterwards if all the workmen are  given               the  grades  of SO at the same time.  It  also               militates  against  the  principles  of  sound               administration  because there will  be  double               jumping of grades in some category of workmen.               It  will also not be desirable to  create  any               fresh scales of pay as it would run counter to               the  recommendations  of  the  pay  commission               which  has  reduced the number of  pay  scales

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             prevailing previously."               6.  "Taking into consideration all  the  facts               and circumstances, it is recommended that  the               Mates  and JPOs may be given the pay scale  of               Rs.800-1150 and semi-skilled operatives may be               given the scale of Rs.825-1200. The grades  as               provided  by the 4th Pay Commission and  those               now recommended by this Tribunal will  compare               as under: S1. No. Category of workmen    Pay Scale       Pay Scale                                 recommended by recommended                                  4th Pay         by this                                  Commission    Tribunal 1.   Skilled Operatives (SO)  950-1150       950-1400 2.     Semi-Skilled Operatives  800-1150     825-1200 (SSO) 3.     Mates/JPOs          750-940      800-1150." 328     5. While the workmen accepted the report, arguments were advanced on behalf of the respondent mainly criticising  the report  with  regard to the pay-scales  recommended  to  the Mates  deployed in Transport (Distribution Section). It  was contended that the Mates working in the said section consti- tuted  60%  of  the total number of Mates  deployed  in  the different  units of the Scheme, and their work  merely  con- sisted of loading and unloading of the crates. That work  by no  stretch of imagination could be described as other  than unskilled.  It  was, therefore, wrong to give them  a  scale different  from  that admissible to the  unskilled  workers. This  contention ignores the admitted fact that  Mates  from one  Unit are transferable to another at any time, and  when so  transferred they do the work of the Units to which  they are transferred without any additional remuneration. What is more  as  is  stated in the report, there is  no  roster  of duties and functions of the Mates in any Unit, and all Mates have to do the work of the Units to which they are  assigned on  any particular day. The mates have thus to be  versatile with  the  work in all the Units, both unskilled  and  semi- skilled.  This is certainly not the case with the  Sweepers, Chowkidars and Malis who are categorised as unskilled  work- ers.  This  being the case, we do not see any merit  in  the contention that the Mates should be treated on par with  the unskilled workers.     6.  There  was no contention raised on the  report  with regard  to  the  mates working in the other  Units  or  with regard  to  the  Junior Plant  Operatives  and  Semi-Skilled Operatives.     7. In the circumstances, we accept the report and direct the  respondent to pay to the workers the pay scales  recom- mended in the report which are as follows: A. Mates and Junior Plant Operatives    --   Rs.800-1 150 B. Semi-Skilled Operatives             --   Rs.825-1200     8. The above pay scales should come into effect from 1st January, 1990.     9. It is made clear that none of the workers i.e. Mates, Junior  Plant  Operatives and Semi-Skilled  Operatives  will refuse to do any part of the work which is assigned to  them at  present merely because they are hereby given  the  above pay scales.     10. Writ Petitions are allowed accordingly. The  parties to bear their own costs. R.N.J.                                             Petitions allowed. 329

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