PARDEEP KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On December 6, 1990, the Punjab Water Supply and Sewerage Board took a decision that all the 528 work charged employees, who have completed five years of service, may be given full benefits as are allowable to the regular work charged employees. The petitioners, whose services have been regularised in pursuance of this order with effect from December 6, 1990, have a two fold grievance. Firstly, they claim that this order operates in a discriminatory manner as persons, who had rendered lesser service, have been equated with those who had served for much longer period. They also claim that the order is violative of the guarantee contained in section 29 of the Punjab Water Supply and Sewerage Board Act, 1976.

(2.) The respondents in their written statement have contested the petitioners' claim. They averred that the Board undertakes only such works as are allotted to it by the Local Bodies. There are no regular posts in the work charged cadre and consequently the services of the petitioners cannot be regularised retrospectively. The petitioners in their replication have controverted the averments made in the written statement.

(3.) Mr. Gopal Mahajan, on behalf of the respondents, submits that there is a serious dispute on facts which cannot be gone into in proceedings under Article 226 of the Constitution. In view of this stand of the respondents, Mr. Puneet Jindal states that he may be permitted to approach the State Government for reference of the dispute to the Labour Court/ Industrial Tribunal and that this petition may be dismissed as withdrawn. It is ordered accordingly.