OM PRAKASH Vs. JALANDHAR DEVELOPMNENT

JUDGEMENT

(1.) The petitioners have approached this court impugning the order dated 20.4.2011 (Annexure P-5), whereby the claim made by the petitioners regarding wages for public holidays, i.e., Saturdays has been declined.

(2.) Learned counsel for the petitioners submitted that the petitioners in the present case are working with Jalandhar Development Authority (for short, 'the Authority') on various posts, such as Pump Operator, Skilled Mazdoor, Mason, Fitter Coolie, Helper, Chowkidar, Malicum-Chowkidar, Keyman, Patrolman etc. There are two sets of employees working in the Authority, but still first set of employees, such as Bill Clerks, Bill Distributors, Meter Readers, Ledger Keepers, Clerks, Stenographers, JEs, XENs, SEs, Additional Chief Administrator, ADO and EO are not required to work on Saturdays, whereas the petitioners, who belong to second set of employees, are required to work on Saturdays, hence, they are entitled to be paid wages for the same in terms of notification dated 11.12.1986 (Annexure P-3) issued by the Government of Punjab.

(3.) On the other hand, learned counsel for the respondents, while placing reliance upon a Division Bench judgment of this court in C.W.P. No. 11990 of 2004 Balbir Singh and others v. State of Punjab and others, decided on 16.12.2005, submitted that in the cadre of the petitioners there is no post which is there in the office. All are working in the field. The plea of discrimination can be raised only amongst equals. Once none of the category of employees, to which the petitioners belong, are working in the office enjoying Saturday as a holiday, the petitioners cannot be granted extra wages for working on Saturdays as all the employees in the cadre of the petitioners are working for six days in a week.