Freezing of Industrial Dearness Allowance w.e.f. 01.10.2020 – Gauhati High Court Order in WP No. 5394/2020
Government of India
Ministry of Heavy Industries & Public Enterprises
Department of Public Enterprises
Public Enterprises Bhawan,
Block No.14, CGO Complex,
Lodhi Road, New Delhi-110003.
Dated, the 08th January, 2021
Subject:- WP No. 5394/2020 – National Confederation of Officers Associations (petitioner) Vs. Union of India & Anr. before the Hon’ble High Court of Gauhati reg.
The undersigned is directed to refer to DPE’s OM No. W-02/0039/2017- DPE (WC) dated 19.11.2020 regarding freezing of Industrial Dearness Allowance w.e.f. 01.10.2020 in respect of Executives and Non-Unionised Supervisors of CPSEs following IDA pay pattern.
2. As no CPSE is under the administrative control of this Department, a copy of the Order dated 04.01.2021 of Hon’ble High Court of Gauhati at Gauhati , with respect to interim relief is enclosed for compliance.
3. This issues with the approval of the competent authority.
Encl: As Above
All administrative Ministries/Departments of the Government of India.
Copy also to:
1. The Chief Executives of Central Public Sector Enterprises.
2. The Comptroller & Auditor General of India, 9, Deen Dayal Upadhayay Marg, New Delhi.
3. Financial Advisers in the Administrative Ministries.
4. Department of Expenditure, E-III-A, Branch, North Block, New Delhi.
5. NIC, DPE with the request to upload this OM on the DPE website.
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5394/2020
NATIONAL CONFEDERATION OF OFFICERS ASSOCIATIONS
HAVING PPS REGISTERED OFFICE AT 19. SAKET CO-OP. HOUSING
SOCIETY. PANVED. RALGAD. MALLARASIEPR A AND REP. BY [TS
AUTHORIZED SIGNATORY SRIEISLAMUL ELLAQUE MANDAL. SON OF SAKER UDDIN MANDAL. AGE- 57 YEARS. RESIDENT OF HOUSE NO. 8, MIRZA GALIB PATH. SUUBARL P.O. AND PS. HATIGAON. GUWAHATI, DIST.- KAMRUP(M), ASSAM, PIN- 781038.
THE UNION OF INDIA AND ANR. REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HEAVY INDUSTRIES AND PUBLIC ENTERPRISES, GOVT. OF INDIA, NEW DELHI-110003.
2: THE DIRECTOR
DEPARTMENT OF PUBLIC ENTERPRISE
GOVT. OF INDIA
PUBLIC ENTERPRISE BILAWAN
BLOCK NO. I4
CGO COMPLEX –
NEW DELHI- 110003
Advocate for the Petitioner : MR S S DEY
Advocate for the Respondent : ASSTT S.G.I.
HONOURABLE MR. JUSTICE SUMAN SHYAM
Heard Mr. M. Nath, learned counsel appearing for the writ petitioner.
Assailing the office memorandum dated 19/11/2020 issued by the respondent no.2, suspending payment of Dearness Allowance for the periods mentioned therein, the present petition has been filed.
Mr. Nath submits that his clients are entitled to Performance Related Pay (PRP). Therefore, the impugned order is wholly arbitrary and illegal. That apart, by referring to the order dated 26/11/2020 (Annexure-7A), Mr. Nath submits that there is a move afoot to make recovery from the members of the petitioner association on the strength of the impugned notification dated 19/11/2020.
Mr. C.K.S. Baruah, learned CGC, appearing for the respondents has obtained instruction and submits that there is a policy decision of the Government of India preceeding the impugned notification. The learned CGC has, however, denied that there is a proposal for recovery from the employees.
Having heard the submission of learned counsel for both the parties, I am of the view that this matter would call for further examination.
Issue notice of motion returnable in six weeks.
Since the respondents are already represented by Mr. Baruah, no formal notice is required to be sent in this case. However, extra copies of the writ petition, requisite in numbers, be furnished to the learned departmental counsel within three days, so as to enable him to obtain instruction and file affidavit.
Heard on the prayer of interim relief.
The said prayer will be considered after the affidavits are brought on record. However, as a ad-interim measure, it is hereby provided that no recovery shall be made by the respondent no. 2 from the members of the petitioner association until the returnable date.
List this case again after six weeks.