MUNICIPALITY JAGADHRI Vs. APPELLATE AUTHORITY AND OTHER

JUDGEMENT

(1.) The respondents 3 to 17 at the relevant time happened to be working as Octroi Moharrirs in the service of the Municipal Committee, Jagadhri. They approached the prescribed Authority under the Payment of Wages Act, 1936, under section 15(2) with a compliant that illegal deduction had been made from their wages by the Municipal Committee for the period from June 1976 to September, 1976. The deduction was particularized to be relating to second Saturdays and Festivals falling in that period i.e. Janamashtmi and Id. It was claimed that they were entitled to second Saturdays and the said festivals as the paid holidays as a result of awards which are annexed to the petition as Annexures R. 3/1 and R. 3/2 respectively.

(2.) The Municipal Committee took the stand before the concerned authority that the octroi Moharrirs were entitled to only scu national and festival holidays as were declared by the State Government and since the Haryana Government had declared following seven holidays as national and festival holidays as intimated by their letter Annexure P. 1 to this petition dated 31.5.1976, either second Saturdays or either Id or Janamashtmi as holidays :-

(3.) The case set up set up by the petitioner Municipal Committee is that the Octroi Moharrirs in question were entitled to enjoy only such paid holidays in regard to national and festival holidays in regard to national and festival holidays that are declared by the Haryana Government vide Annexture P. 1 and no more. It has also been alleged that it was not a case of non-payment of wages to which the respondents had become entitled to. As to whether they were entitled under the Payment of Wages Act was not competent to go into.