NAGAR COUNCIL, SAMRALA Vs. SURINDER PAL

JUDGEMENT

(1.) ORDER dated 11.05.2006 (Annexure P -1), passed by the Labour Court, Ludhiana, vide which the applications made by the workmen i.e. Surinder Pal, Lachhman Singh and Ram Sanjeevan, under Section 33 -C(2) of the Industrial Disputes Act, 1947 (for short 'the Act'), claiming wages for having served on Saturdays, were partly accepted, is being assailed in this petition. It would be apposite to point out here that the workmen have not preferred to assail the order in question. Since, all the three applications, as indicated above, were decided vide a common order. Likewise, this order shall decide these three writ petitions (Civil Writ Petition Nos. 19938, 19939 and 19955, all of 2006).

(2.) PARTIES to the lis, hereinafter, would be referred to by their original positions before the Labour Court. In short, in the applications moved by the workmen under Section 33 -C(2) of the Act, they claimed that as they served the Management on every Saturday, which happened to be an off day or a paid holiday in all the departments/public offices/ undertakings under the Punjab Government, therefore, they were entitled to wages for discharging duties on a holiday. The claim, that was set out in this regard reads, as thus: - Sr. No. Appl No. Name of the workmen Designation Wages per month Amount claimed Claim period 1. 497/02 Surinder Pal Fitter 9600/ - 422400/ - 2.5.1977 to 16.10.2002 2. 498/02 Lachhman Singh Beldar 7200/ - 360000/ - 15.10.1976 to 16.10.2002 3. 499/02 Ram Sanjeevan Mali/Beldar 7800/ - 343200/ - 2.5.1977 to 16.10.2002

(3.) IN defence, it was pleaded, inter alia, that the workmen did not actually work during the disputed period on each and every Saturday. And in fact, Surinder Pal, Lachhman Singh and Ram Sanjeevan were getting Rs. 6400/ -, Rs. 4700/ - and Rs. 5000/ -, per month, as Basic Pay, respectively. As the workmen availed leave on many occasions on Saturdays, Sundays and other Gazetted holidays, therefore, they were not entitled to claim wages for having worked on all the Saturdays. In fact, the actual number of days when the workmen, indeed, served the Management were depicted in Annexure A -1, appended with the written statement. It was claimed that the workmen did not have any existing right to claim salary for having worked on Saturdays beyond a period of 3 years, before filing of the applications.