VIRINDER KUMAR AND ORS. Vs. PUNJAB MANDI BOARD

JUDGEMENT

(1.) THE 186 Petitioners in this case are working on work -charge basis, in the Punjab Mandi Board. They pray, for the issue of a writ of mandamus to the Respondents for the payment of bonus for the years, 1988 -89, 1989 -90 and 1990 -91.

(2.) A written statement has been filed on behalf of the Board in which it has been inter -alia averred that the State Government is a necessary, party, and that the Petitioners have an effective alternative. remedy by way of a revision petition under Section 42 of the Punjabi Agricultural Produce Markets Act, 1961 (hereinafter referred to as 'the Act') before the State Government. It has been further averred that the Board has paid ex -gratia grant and not bonus to the various employees including those appointed on ad hoc basis. It has been also averred that the State Government had, - -vide its letter dated January 9, 1991 (Annexure P. 3) according approval under Section 3(13) of the Act for the payment of Ex -gratia grant at the rate of 8.33 percent to the employees of the Board and Market Committees covered under Bonus Act for the year 1989 -90. It has been further averred that the State Government is the competent authority to sanction budget of the Board and it cannot incur any expenditure without the approval of the Government and the sanction in the budget. It has also been stated that the case for payment of ex -gratia grant to the work charged employees was referred to the State Government, - -vide letter dated March 12, 1991 and various reminders have been issued. The matter is stated to be still under the consideration of the State Government. On these premises, it is claimed that the writ petition deserves to be dismissed.

(3.) EMPLOYEES working under the State Government or with the instrumentalities of the State are entitled to not only 'equal pay for equal work' but also to parity of treatment as guaranteed under Articles 14 & 16 of the Constitution. Unless it is shown by reasonable and cogent evidence that there is a reasonable basis for classification and differential treatment between the employees working on regular basis and those working on work charge basis, all the employees are entitled to the equality of opportunity and parity of treatment in the matter of pay, allowances and various other monetary benefits, like bonus or ex -gratia grant. There is no rule or law authorising the Board to pay bonus or give some ex -gratia payment to the regular employees and to deny it to those working on work charge basis. Neither in the written statement nor during the hearing any provision has been pointed out where under the Respondent -board may be entitled to treat the persons working on work charge basis differently front those employees working on regular basis in so far as the grant of various monetary benefits is concerned.