SUPERINTENDING ENGINEER Vs. ZILE SINGH

JUDGEMENT

(1.) The present petition has been filed under Articles 226/227 of the Constitution of India for issuance of writ of Certiorari quashing the award dated 28.3.1994 (Annexure P-1) whereby applications No.3 to 14 and 16 to 17 of 1993 had been allowed by the Industrial Tribunal-cumLabour Court, Rohtak (hereinafter referred to as "the Tribunal") and a sum of Rs. 3,68,240/- had been ordered to be paid on account of equal pay for equal work.

(2.) A perusal of the award would go on to show that 14 workmen filed applications that they were entitled to various sums for various periods in as much as other regular employees were getting Rs. 1428/- + DA and they were entitled for the same which the regular employees were drawing and they were also entitled to the interest @ 12% per annum.

(3.) The management did not admit the facts of the claim statement and pleaded that the Tribunal had no jurisdiction to try the applications as the applicants were not workmen and it was not an industry. The applicants were being paid the wages as fixed by the Deputy Commissioner, Karnal from time to time. All the applicants except Shamsher Singh were posted as Mali-cum-chowkidar on daily wages basis on muster roll. No appointment letter was issued to the applicants nor they were working against the regular/sanctioned post.