HARBANS LAL Vs. PUNJAB STATE

JUDGEMENT

(1.) This is plaintiffs Regular Second Appeal against Judgment and decree of the Additional District Judge, Gurdaspur, whereby, appeal filed by the defendants against the judgment and decree of the trial Court, was accepted, thereby dismissing the suit of the plaintiff.

(2.) Plaintiff filed a suit for declaration to the effect that he is entitled to daily allowance/incidental charges/wages for overtime while performing his duty as Dak Runner from Gurdaspur to Amritsar and back. As per averments made in the plaint, the plaintiff was appointed as Railway Dak Runner in the year 1952 in the Irrigation Department of Punjab State. Plaintiffs duty is to carry dak from Gurdaspur to Amritsar and vice versa and for which he leaves the office at about 9.30 a.m. and returns back with dak at about 8 p.m. It is the case of the plaintiff that he is performing almost 11 hours duty daily, and so is entitled to claim over time allowance. It is further contended by the plaintiff that the denial of travelling allowance is illegal, discriminatory and is also violative of principles of equal work and equal pay. On the failure of the defendants to accede to the request of the plaintiff, hence the suit.

(3.) Defendants put in appearance, controverted the various averments made in the plaint. It was alleged that the plaintiff works only for 9 hours daily. It was further averred that plaintiff like other employees is being treated equally. In fact, the duties which are being performed by him are as per terms of his employment.