HARI CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Whether the employees working on the octroi side in the Municipal Committees are entitled to National, Festival, Gazetted and other holidays and lunch breaks at par with their counterparts working in the offices of the Committees is the question that arises for determination by the Full Bench in this bunch of 58 writ petitions pertaining to the Municipal Committees in the States of Punjab and Haryana. Since the arguments were addressed in C.W.P. 5476 of 1992 and the counsel appearing for the parties were agreed that the decision in this case would govern the other cases as well, the facts are being taken from this case. When this petition came up for motion hearing the Division Bench was of the view that the question involved was likely to affect all the Municipal Committees in both the States and keeping in view the importance of the point involved the writ petition was admitted directly to a hearing by a Full Bench. All other cases were ordered to be heard along with C.W.P. 5476 of 1992. This is how we are seized of the matter.

(2.) The facts are not in serious dispute. Petitioners had been appointed as clerks and peons in the Municipal Committee, Bassi Pathana, District Patiala in the State of Punjab (hereinafter referred to as the committee). The total cadre strength of clerks in the committee is 17 out of which about 13 are working at the barriers whereas the other four are working in the committee office. Similarly, out of the total strength of six peons about four are working at the barriers whereas the other two are in the office. The committee has established barriers at different points determining the octroi limits for the assessment and collection of octroi and those barriers remain open for 24 hours of the day. Apart from octroi Inspectors who supervise the working of the barriers, the committee also appoints at each barrier, staff consisting of officers in charge of the barriers and peons for the assessment and collection of octroi and it is their duty to see that all goods liable to octroi are stopped at the barriers and are dealt with in accordance with the rules. The petitioners are working at the barriers. The committee also appoints clerks and peons who work in the committee office. The clerks and peons working at the barriers and those working in the committee office are borne on the same seniority list and are governed by the same set of service rules. Their pay scales and service conditions are also the same. All Municipal Committees/Corporations in the State of Punjab following the pattern of the State Government observe a five day week with Saturdays and Sundays as off days. However, the staff of the committee employed at the barriers are not given Saturdays and Sundays as off days and are also made to work on National, Festival and other gazetted holidays as notified by the State Government and observed by the committee. Those working at the barriers are given only one weekly rest instead of Saturdays and Sundays- They are also allowed seven holidays throughout a year in lieu of National, Festival and gazetted holidays as enjoyed by their counterparts working in the committee office. The staff employed at the barriers is not allowed any restricted holiday whereas their counterparts are given two such holidays as observed by the State Government. The staff working in the committee office observe a lunch break for half an hour on every working day whereas no such break is allowed to the staff at the barriers. It is common case of the parties that the clerks and peons working in the committee office and those at the barriers are inter-changed and they swap their places quite regularly though one of the grievances made by the petitioners at the time of arguments is that they are being made to work at the barriers for the last several years and have not been posted to the committee office. Their further grievance is that the staff working in the committee office enjoys more holidays than are allowed to them at the barriers even though they are borne on the same seniority list and governed by the same service conditions. According to the petitioners the action of the committee in not allowing the same number of holidays to the staff working at the barriers amounts to hostile discrimination as persons similarly situated and posted in the committee office are being treated differently on the basis of their place of posting. The prayer made in the petition is for the issuance of an appropriate writ, order or direction directing the respondents to grant to the petitioners benefits of National, Festival and other gazetted holidays as allowed to their counterparts in the committee office. They have also demanded that they be allowed a lunch break for half an hour every day. Another prayer made is that the petitioners be granted wages in respect of such holidays on which they were made to work in the past. They have placed strong reliance on a single bench judgment of this Court in Krishan Lal and Ors. v. The State of Punjab and Ors., 1991(3) R.S.J. 638 which pertains to the Notified Area Committee, S.A.S. Nagar, Mohali wherein a direction was issued to the respondents therein to grant to the petitioners there who were employees working at the barriers, the same benefits like holidays etc. which were being granted to the employees working in the office of the committee. A direction was also issued to compensate the petitioners therein by payment of wages for the past.

(3.) In the written statement filed on behalf of the committee it is pleaded that the petitioners are not entitled to claim the benefits of holidays and lunch break at par with their counterparts working in the office as the octroi staff constitutes a class by itself which is quite distinct from those working in the office and that there is no discrimination in this regard. It is further submitted that the octroi staff is entitled to certain benefits which are not available to the other staff and, therefore, the grievance of the petitioners is wholly unfounded. Reference has been made to the decisions taken in the meeting held on 17.5.1988 between the municipal employees through the representatives of the Punjab Nagar Palika Karamchari Maha Sangh and the Director, Local Government, Punjab wherein it was agreed that uniforms may be allowed to the employees on octroi duty subject to the condition that as and when an employee is transferred he will surrender the uniform for the use of his successor. It was also agreed that compensatory leave would be allowed to the octroi staff on duty in lieu of festivals and national holidays. Annexure R-l with the written statement is the copy of the communication sent by the Director, Local Government to all the Executive Officers of Municipal Committees/Notified Area Committees in the State.