NIRANJAN DAS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners, who are working against different kinds of ministerial/ technical posts in the Department of Industries, Punjab and at the relevant time were posted at the Facilities Centres, like Quality Marking Centres/Industrial Development Centres/ Punjab Test Houses, seek a writ in the nature of certiorari for quashing the order, dated February 20, 1987 (Annexure P-11), and a direction to the respondents to implement the Government Notification, dated 11.12.1986 (Annexure P-10), and consequently to allow them to observe all Saturdays as public holidays like other similarly situated employees of the Industries Department and/or to pay them 'extra remunerations' for the additional number of working days.

(2.) The facts, which have given rise to this petition, are as follows: 2-a. Vide Notification, dated 7.4.1980 (Annexure P-l), the Government of Punjab notified that "all Saturdays of every month, instead of second and last Saturdays only of each month, as earlier notified, shall be observed as holidays in Government offices throughout the State of Punjab till further orders." The Industries Department, however, issued an order, dated 9.6.1980 (Annexure P-2) directing that keeping in view the object/aim of establishing different facilities centres run by it, their timings cannot be linked completely with the timings of the Government offices, therefore, "the present timings be continued". The aforementioned order followed detailed instructions, dated 7.7.19X0 (Anncxure P-3). sent by the Director of Industries to all the facilities centres explaining that these centres shall remain open on Saturdays also (except the second and the last Saturday of every month) and their timings will be from 8 a.m. to 5 p.m. with a lunch- break from 1.30 p.m. to 2 a.m. 2-b. The petitioners having felt aggrieved at the above stated Government order (Annexure P-2) and the instructions (Annexure P-3) represented against the same. Their representation was favourably recommended by the Director of Industries to the State Government on 5.8.1980 (Annexure P-4) on the premise that since services of the employees working in the facilities centres "and the employees working in other offices of the Government are governed by the same CSR rules", the timings of the facilities centres be also suitably changed like other Government offices. In another communication (Annexure P-5) sent to the State Government, the Director of Industries explained that as per the total working hours in a month, the employees posted in the facilities centres were required to work for 176 hours as against 160 hours by employees of other offices. It appears that these recommendations did not find favour with the State Government. Meanwhile, the Punjab Government issued another notification, dated 11.12.1986 (Annexure P-10) notifying the 'public holidays' to be observed in the public offices under the Punjab Government during the calender year 1987. As per the 'schedule' appended to this notification all Saturdays, i.e., a total of 52 in the said year, were to be observed as 'public holidays'. The Industries Department, however, issued an order, dated 20.2.1987 (Annexure P-l 1) which was sent telegraphically to the facilities centres, directing that notwithstanding the Government Notification, dated 11.12.1986 (Annexure P-10), "all Saturdays should be observed working days as usual."

(3.) Aggrieved at the aforementioned order (Anncxure P-l 1) that the petitioners have approached this Court.