ASHOK KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common order, ten writ petitions, description of which has been given in the heading, are being decided as all the writ petitions involve the same question of law and similar facts. For this order, facts are being taken from CWP-14898-2019 titled as 'Ashok Kumar and others Vs. State of Punjab and another'.

(2.) The grievance which is being raised by the petitioners in the present writ petitions is that their claim for the grant of one premature increment for non-participation in the strike dated 08.02.1978 has been declined by the respondents by passing the impugned order dated 28.02.2019 (Annexure P-7), which is discriminatory in nature.

(3.) As per the facts stated in the petitions, there was a strike call given by the employee's Unions in the State of Punjab, which was to be observed on 08.02.1978. In order to give incentives to the employees not to accept the call for strike given by the labour unions, a circular was issued by the Government of Punjab on 06.02.1978 to take stern steps against the employees, who will participate in the strike, which was scheduled for 08.02.1978. After the said date passed, the Government of Punjab issued a circular on 16.06.1978, vide which they decided to give certain benefits to the employees, who did not participate in the strike, which took place on 08.02.1978. The benefit to be extended to the employees who did not participate in the strike was a grant of a premature increment on the scale of pay which the employees were working as on 08.02.1978. Initially, there was a confusion as to whether the benefit of the letter dated 16.06.1978 was to be given only to the regular employees or all the employees, irrespective of the fact whether they were working on adhoc basis or temporary basis. This position was clarified by the Government of Punjab on 06.01.1979 that all the employees whether working on regular basis, temporary or adhoc basis, will be entitled for the benefit of one premature increment in case they have not participated in the strike on 08.02.1978.