LAWS(P&H)-1995-7-155

HARYANA CANAL SIGNALLERS ASSOCIATION Vs. STATE OF HARYANA

Decided On July 02, 1995
Haryana Canal Signallers Association Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) In the Irrigation Department of State of Haryana, there are certain posts of Signallers. Their duties require them to attend to work on Saturdays, Sundays and other gazetted holidays. Petitioner -Haryana Canal Signallers Association -is their registered association. It had been demanding that the members of the association should be paid additional salary for working on Saturdays. Sundays and other gazetted holidays, because all other employees enjoy atleast one weekly holiday. Respondent No. 1 - State of Haryana on 23.6.1986 decided to grant one month's additional salary in lieu of the signallers, attending to duties on Saturdays, Sundays and other gazetted holidays subject to certain conditions.

(2.) Subsequently, respondent No. I decided to grant adhoc bonus to its employees for the years 1987-88 which were not covered by any of the productivity linked scheme or any other bonus or ex-gratis scheme. The members of the petitioner were deprived of the benefit of bonus declared by respondent No. 1. A writ petition (C. W.P. 11654 of 1990) was filed by the petitioner and on 27.9.1990 a Bench of this Court directed the respondents to go into the matter afresh in light of the contents of the petition and disposes of the same by passing a speaking order.

(3.) In pursuance of the said order, passed by this Court, the said fact was again considered by respondent No. 1 and its claim was rejected concluding that Signallers/Head Signallers of Irrigation Department are covered under the ex-gratia scheme of the department. The present writ petition has been filed seeking quashing of the decision of respondent No. 1 and its claim was rejected concluding that Signallers/Head Signallers of Irrigation Department are covered under the ex-gratia scheme of the department. The present writ petition has been filed seeking quashing of the decision of respondent No. 1 to the effect that the members of the petitioner are not entitled to the bonus and for a direction to the respondents to pay bonus to the members of the petitioner like other employees.