State of
Haryana Vs. Krishan Lal Sehgal & Ors
[1997] INSC 705 (3 September 1997)
K.
VENKATASWAMI, V.N. KHARE
ACT:
HEADNOTE:
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 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.
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