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Our Legal Correspondent

Chennai, Jan. 20 The Madras High Court has rejected the plea of a section of employees of Chennai Metro Water Supply & Sewerage Board (CMWSSB) to sanction separate scale of pay for Superintendents, saying that “there is no automatic application of recommendations of Pay Commission” to various autonomous boards, including CMWSSB.

The Pay Commission’s recommendations were strictly applicable only to Government employees, and it was for the board of directors of various boards to extend them to their employees also; such a decision should be taken by boards. If workmen of CMWSSB were not satisfied with scales of pay, they could always invoke machinery under Industrial Disputes Act.

Dismissing a writ petition from Metro Water SC/ST Employees Welfare Association, pleading for extension of GO Ms No: 538 Finance of 27-11-2000 granting separate scale of pay to employees of CMWSSB also, Mr Justice K. Chandru held that extension of new scale of pay for Superintendents working in Government Department was based upon a criteria accepted by the Government, and there was an intelligible differentia between Superintendents working in Government Departments and Boards. Therefore, contention that non-extension of benefit violated Articles 14 or 16 of Constitution had to be rejected outrightly.

The above GO was silent about its extension to all PSUs, including autonomous boards, the judge averred. The order merely marked a copy of the said GO. However, employees of Water Supply & Sewerage Board started demanding extension of the said GO to Superintendents working in the Board. By letter dated 27-11-2006, Government informed the Board that the GO was not extended to employees of State PSUs/Boards.

The court noted that two employees’ associations moved this court seeking for constitution of a wage board for employees of the petitioner Board, conscious of limitations available to them in this regard, whereas the petitioner had come forward to challenge the GO which was issued 7 years ago.

The writ petition was devoid of merits, and accordingly it shall stand dismissed, the court said.

More Stories on : Courts/Legal Issues | Human Resources | PSU | Water | Tamil Nadu

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