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PETITIONER: STATE OF HARYANA ETC.

       Vs.

RESPONDENT: KRISHAN LAL SEHGAL & ORS. ETC.

DATE OF JUDGMENT:       03/09/1997

BENCH: K. VENKATASWAMI, V.N. KHARE

ACT:

HEADNOTE:

JUDGMENT:                THE 3RD DAY OF SEPTEMBER, 1997 Present:                 Hon’ble Mr.Justice K.Venkataswami                 Hon’ble Mr.Justice V.N.Khare Jasbir Malik and Prem Malhotra, Advs. for the appellants Harbans Lal,  Sr.Adv., A.K.  Mahajan, R.S. Gupta, Advs. with him for the respondents.                          O R D E R      The following Order of the Court was delivered:     (With C.A.Nos.5438/94, 7113/94, SLP (C) No.2235/94)                          O R D E R K. Venkataswami, J.      Substitution allowed.      Special leave granted in SLP (C) No.22356/95.      In all  these appeals  a common question of law arises. As a  matter of fact the main judgment was given by the High Court of  Punjab and  Haryana  in  C.W.P.  No.12969/91.  The common issue  agitated before the High Court was whether the respondents were  entitled to  parity of  scales of pay with those of their counter- parts in Rural Community Theatres.      In the  view we  propose to  take after hearing counsel for the parties, we do not think it appropriate or necessary to set  out in detail the facts and discuss on merits. Hence this detail  the facts  and discuss  on merits.  Hence  this brief Order.      Before the High Court the respondents, members of Drama parties (Actors,  Stage Masters, Harmonium Masters and Tabla Masters) claimed  parity of scales of pay with those of such Artists employed  in Rural  Community Theatres on the ground that the  nature  of  work,  duties  and  qualifications  of members of  Drama parties  and members  of  Rural  Community Theatres are  similar. Though  it was contended on behalf of the mode of recruitments, duties, minimum qualifications are quite different  between the two parties, it does not appear that the  same was  substantiated by  producing the relevant materials. The  High Court  on the  basis of  the  arguments advanced and  the materials  placed before  it came  to  the conclusion that  the materials  placed before it came to the conclusion that  the respondents  are entitled to the parity of scales  of pay with those of their counter-parts in Rural

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Community Theatre.      Aggrieved by that, the present appeals are filed.      At the  time of  issuing notice  in SLP  arising out of Civil Appeal  No.3956/92 this  Court 20.8.92  inter alia has stated as follows:      "The  petitioner  is  permitted  to      file an additional affidavit giving      particulars  on   the  respondents’      claim for  parity within two weeks.      Counter, if  any, be filed within a      week thereafter."      Accordingly,  the   appellants  have  filed  additional affidavit on  2.9.92. From the paper book it does not appear that  the   respondents  have  filed  any  counter  to  this additional affidavit.      After hearing  counsel on  both sides,  we feel that in the  light   of  the   additional  affidavit  filed  by  the appellants, the  issue requires further consideration by the High Court.  In the absence of any counter to the additional affidavit by  the respondents  herein, we  could not proceed further to decide the matter finally.      Accordingly, we  set aside the orders of the High Court in all  the appeals  and remit  the matters back to the High Court for fresh herring and decision in accordance with law. Liberty is  given to  both parties  to file their additional affidavits/documents, if  any, before  the High  Court.  The appeals are accordingly disposed of. No costs.