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DTC Security Staff Union (Regd.) v. DTC and Another

Civil Appeal · 2018 INSC 508Decided 11 May 2018
Civil Appeal No. 5005 of 2018
Justice Ranjan Gogoi · Justice R. Banumathi · Justice Navin Sinha

Background

The Security Staff Union of the Delhi Transport Corporation (DTC) sought a government Reference back in 1979 asking for pay-scale parity between its lower security ranks (Assistant Security Officer, Security Havaldar, Security Guard) and equivalent ranks in the Delhi Police. An Industrial Tribunal awarded that parity in 1985, which DTC challenged. A High Court Single Judge upheld the award, but the Division Bench set it aside, and the Union appealed to the Supreme Court.

Decision Breakdown

The Supreme Court noted that parity with Delhi Police pay-scales had historically existed only for the higher ranks of Deputy Security Officer and Security Officer, not for the lower ranks in question, and that there was no evidence this difference was ever a deliberate, conscious policy of equal treatment that the lower ranks could claim as a matter of right. The Court reaffirmed that fixing pay-scales is a technical, policy-laden exercise best left to Pay Commissions rather than courts or tribunals, especially once a Pay Commission is already examining the issue. It also noted the pay-scales had since been revised multiple times through successive Pay Commissions without the Union raising any objection, and that implementing the old 1985 award now would create serious anomalies. Finding no reason to interfere with the Division Bench's view, the Supreme Court dismissed the appeal.

Lesson Learnt

Courts and tribunals are generally reluctant to override Pay Commission-based pay-scale decisions on an "equal pay for equal work" claim unless there is clear evidence that the disputed parity was a deliberate, considered policy: mere historical coincidence in pay-scales between different posts or organisations is not enough to create an enforceable right to permanent parity.

Official source (sci.gov.in)View Judgment (PDF)

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