STATE OF PUNJAB Vs. BALBIR SINGH

JUDGEMENT

(1.) The State of Punjab has filed the present petition challenging the impugned award dated 21.07.1998, passed by the Presiding Officer, Industrial Tribunal, Punjab, Chandigarh (hereinafter referred to as "the Labour Court"). The respondents (hereinafter referred to as "the workmen") were employed on daily wages with the Public Works Department (B&R), Punjab (hereinafter referred to as "the management"), on Class-IV posts. The details of the employment of the workmen are given at page 5 of the award, which is as follows : <FRM>JUDGEMENT_161_LAWS(P&H)11_2001(1).html</FRM>

(2.) These workmen, through their Union, raised an industrial dispute which was referred to the Labour Court for adjudication by reference dated 16.12.1996. The reference was as follows :-

(3.) It was pleaded that the workmen are being paid daily wages although they were performing the same duties as regular employees for a long period of time. It was further pleaded that earlier also the workmen similarly situated had raised the similar industrial dispute which was decided in their favour. As a result, the workmen who had raised the industrial dispute are now being paid the regular scales of pay. It was also pleaded that the concerned officers had recommended the case of the workmen for regularisation to the Superintending Engineer, Construction circle, P.W.D. (B and R), Hoshiarpur, vide Memo No. 869 dated 13.01.1997. According to the government policy, it was also recommended that the pay at par with the regular employees of the establishment should be paid to the workmen on their regularisation.