KABUL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Ajnala Cooperative Sugar Mills Ltd. Bhalle Pind, Tehsil Ajnata (hereinafter referred to as the respondent-mills) advertised in the Newspaper dated 12.10.1990 (annexure P-1) for filling vacancies in certain posts like Fitter Helper, Electrical Helper, Moulder-1 etc. The advertisement, among other things mentioned that the pay scales and other general allowances will be given according to the provisions of the Sugar Wage Board. Accordingly, the petitioners herein applied for the posts mentioned against their names in the petition (like Moulder, Khalasi, Blacksmith, Helper-Electrical, Fitter-Helper, Turner-Helper, M/W Helper etc.). After interview the petitioners were issued selection letters (copy of one of which has been attached with this petition as annexure P-2), and were advised to join duties immediately. It was also mentioned that the grade pay scales etc. will be mentioned in the appointment letter which will be issued to the selected candidate after joining duty. The petitioners accordingly joined duties, but claim that the respondent-Mills did not issue the appointment letters, and they were paid a fixed salary of Rs. 1200/- p.m. The petitioners claim that the employees in the categories such as Fitter-1, Fitter-II, Turner-1, Motor Winder etc. who were selected and appointed on the basis of same advertisement, are being paid as per the prescribed grades fixed by the Sugar Wage Board from the date of their appointment. The petitioners also claim mat as per the Sugar Wages Board, the pay scale for the post of Khlasi/Fitter/Helper/Electrical Helpers has been fixed at Rs. 800-1250 plus usual allowances, and that for the skilled categories like Welder/Mechanic, Blacksmiths the pay scale have been prescribed at Rs. 1050-1600, while for khalasi etc. it has been fixed at Rs. 900-1250.

(2.) Aggrieved, the petitioners filed C.W.P. No. 381 of 1995 and C.W.P. No. 2379 of 1995 praying for a direction to regularise their services and for the grant of regular pay scales of Rs. 800-1250 and Rs. 900-1250 with all consequential benefits from the dates of their initial appointment. But, the Division Bench of this Court disposed of the said petitions with the observation that the petitioners may file representations within a month, and that the representations so filed be disposed of by a speaking order within three months thereafter. The petitioners made representations to the respondent- Mills, and the respondent mills regularised the services of the petilioners from 17.6.1996.

(3.) The petilioners claim that the services of the employees in the categories who were selected and appointed in pursuance of the same advertisement have been regularised after 2/3 months of their joining duties, and are also being paid the pay scales as fixed by the Sugar Wage Board from the date of their initial appointments and, therefore, the action of the respondent-mills in not regularising the services of the petitioners from the dates of their initial appointment and in not releasing the regular pay scales, according to the pay scales prescribed by the Sugar Wage Board, is illegal, arbitrary, discriminatory and also against the selection letters issued to them.