AMRIT LAL Vs. MUNICIPAL CORPORATION, AMRITSAR

JUDGEMENT

(1.) Petitioner Nos. 1 to 11 are employed as Moharrirs with the Municipal Corporation, Amritsar and are posted at different octroi Barriers on the outer limits in the city of Amritsar. They are discharging the functions of collecting octroi and maintaining the records pertaining thereto and also incidental clerical work. The petitioner Nos. 117 to 222 have been employed as Peons in the Octroi Department of the Corporation.

(2.) The Corporation maintains a joint seniority list of all the clerical establishment and whenever a clerk is posted for performing the job of collection of Octroi, his designation is changed from that of clerk to Moharrir. All the petitioners are old employees of the Corporation as they had been employed prior to 1969 on different dates. It shall be appropriate to mention here that prior to incorporation of Municipal Corporation of Amritsar, which was incorporated on 3.12.1976, the Municipal Committee was in existence and the employment to the petitioners was granted accordingly. Upon incorporation of the Corporation, the assets, liabilities and the employees of the Municipal Committee, Amritsar became those of Municipal Corporation. Since the incorporation of the Corporation, all the functions of Municipal Committee came to be preformed by the Corporation. Resultantly, the employees of the Committee continue to perform the same duties on their jobs but their employer came to be the Corporation.

(3.) However, a Pay Committee known as Punjab Municipal Employees Pay Committee submitted a report in the year 1969 and in the report, provisions have been made for the work hours, weekly off days, public holidays over time allowance and leave etc. A specific head has been provided known as Holidays and leave, which reads as under :-