RETIRED EMPLOYEES OF MINERAL EXPLORATION CORPORATION LTD ASSOCIATION REP BY ITS PRESIDENT A GOVINDA RAO (M) , vs MINERAL EXPLORATION CORPORATION LIMITED (M) ,
Party Details
- RETIRED EMPLOYEES OF MINERAL EXPLORATION CORPORATION LTD ASSOCIATION REP BY ITS PRESIDENT A GOVINDA RAO (M)
- MINERAL EXPLORATION CORPORATION LIMITED (M)
Case Summary
RETIRED EMPLOYEES OF MINERAL EXPLORATION CORPORATION LTD ASSOCIATION REP BY ITS PRESIDENT A GOVINDA RAO (M) filed Case No. T.A./23/2021 in the CAT on 4 Aug 2021 against MINERAL EXPLORATION CORPORATION LIMITED (M). The case has undergone 9 hearings over 1 year. The case was disposed of on 20 Apr 2023. 5 orders have been issued in this matter.
Hearing History (9)
- 20APR 2023HIGH COURT TRANSFERRED CASES
Judge: N/A
Stage: CLOSED
- 10APR 2023HIGH COURT TRANSFERRED CASES
Judge: N/A
Stage: ADJOURNED WITH DIRECTIONS
- 23MAR 2023HIGH COURT TRANSFERRED CASES
Judge: N/A
Stage: ADJOURNED WITH DIRECTIONS
Orders (5)
- 20APR 2023judgementView Order ↗
Order No: N/A
- 20APR 2023orderView Order ↗
Order No: N/A
- 12JAN 2023orderView Order ↗
Order No: N/A
Judgement DetailsView full order PDF ↗
TA/23/2021 Page 1 of 3 CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH TA/021/23/2021 (WP.No.10751/2009) HYDERABAD, this the 20th day of April, 2023 Hon’ble Mr.
Sudhi Ranjan Mishra, Judicial Member Hon’ble Mr.
B.
Anand, Administrative Member Retired Employees of Mineral Exploration Corporation Ltd., Association having regd.
No.365/2008 and Office at MEC Union Office, H.No.2-4-386, Plot No.7, Road No.9, New Nagole, Hyderabad – 500 035 rep. by its President Sri A.
Govinda Rao. ....
Petitioner (By Advocate : Sri T.P.
Acharya) Vs.
1.
Government of India, Ministry of Mines rep. by its Secretary, Sastry Bhavan, New Delhi – 110 001.
2.
Government of India, Ministry of Labour rep. by its Secretary, Shramshakti Bhavan, New Delhi – 110 015.
3.
The Director, Department of Public Enterprises, Block No.14, CGO Complex, Lodi Road, New Delhi – 110 003.
4.
The Director, Ministry of Commerce & Industries, Udyog Bhavan, New Delhi.
5.
The Secretary, Department of Administrative Reforms & Public Grievances, Government of India, 5th floor, Sardhar Patel Bhavan, Samsadmarg, New Delhi – 110 001.
6.
M/s.
Mineral Exploration Corporation Ltd. rep. by its Chairman & Managing Director, Seminari Hills, Dr.
Baba Saheb Ambedkar Bhavan, High Land Drive Road, Nagpur – 440 006. ...
Respondents (By Advocate: Sri M.
Srikanth, SC for MECL) ---- TA/23/2021 Page 2 of 3 ORAL ORDER (As per Hon’ble Mr.
Sudhi Ranjan Mishra, Judicial Member) The applicant is the retired employee of the Mineral Exploration Corporation Limited (MECL).
He opted for voluntary retirement prior to 01.04.2003.
The Government of India, Ministry of Mines, vide letters dt.
08.08.2006 & 17.08.2006, conveyed its approval for implementation of 1997 Wage Revision to the employees of MECL, wherein it has been categorically mentioned that wage revision of employees has to be w.e.f 01.04.2003 and it has to be implemented w.e.f.
01.04.2006.
Thereafter, the MECL issued Office Order dt.
25.08. dt.
25.08.2006 allowing wage revision to those, who were on employment roll on 01.04.2003, as per the Govt. of India letter dt.
17.08.2006.
The applicant is seeking the benefit of revised pay scales issued vide Officer Order dt.
25.08.2006 and consequential benefits thereto.
The subject matter of this case has been decided by the Hon’ble Supreme Court in the case of Mineral Exploration Corporation Ltd.
Vs.
Arvind Kumar Dixit & Anr. in CA No.
10697 of 2014 & Ors. decided on 03.12.2014 which held as under: “15.
The above mentioned cases, in our opinion, substantiate the argument of the appellant.
Therefore, we are of the view that the Central Administrative Tribunal and the High Court have erred in law in allowing the wage revision benefits to the employees, who were not covered either under communication dated 08.08.2006 issued by the Government of India or the consequential Office Order dt.
25.08.2006 whereby the wage revision is implemented. xxx xxx xxxx xxxx 18.
In view of the above law laid down by this Court, we do not find that the cut-off date i.e., 01.04.2003 for granting wage revision, in the facts and circumstances of the present case, is arbitrary nor we find it violative of Article 14 of the Constitution.
19.
For the reasons, as discussed above, we hold that the employees, who were superannuated or voluntarily retired prior to 01.04.2003 from appellant- Corporation, are not entitled to notional wage revision as directed by the Central Administrative Tribunal, and the High Court.
Therefore, we allow these appeals, and the impugned judgment TA/23/2021 Page 3 of 3 of the High Court and that of the Central Administrative Tribunal are hereby set aside.
There shall be no order as to costs.” 3.
In view of the above judgment of the Hon’ble Supreme Court, as the applicant herein retired from service prior to 01.04.2003, neither the benefit of wage revision issued vide Order dt.
25.08.2006 nor the notional wage revision can be extended to the applicant herein. nt herein.
Accordingly, the T.A. is dismissed.
There shall be no order as to costs. (B.
ANAND) (SUDHI RANJAN MISHRA) ADMINISTRATIVE MEMBER JUDICIAL MEMBER /pv/