CHIEF ENGINEER Vs. JASWANT SINGH AND ANOTHER

JUDGEMENT

(1.) In all the above mentioned 11 writ petitions, the matter in controversy involved is as to whether the workmen, who are working as 'Field Staff', are entitled to wages for working on Saturdays, therefore, by this common judgment, all these writ petitions are taken up together for disposal. For facility of reference, facts are being taken from CWP No.13798 of 2017-Chief Engineer, PWD (B & R), Patiala and another versus Jaswant Singh and another.

(2.) Present writ petition under Article 226/ 227 of the Constitution of India is for issuance of a writ in the nature of certiorari for quashing impugned order dated 27.01.2017 (Annexure-P1), whereby Industrial Tribunal, Ludhiana (for short, 'the Tribunal') allowed the claim of wages for working on Saturdays for a period of three years prior to the date of filing of application under Section 33-C(2) of the Industrial Disputes Act, 1947 (for short, 'the Act).

(3.) Facts relevant for the purpose of decision of this writ petition; that respondent No.1-applicant (Jaswant Singh) filed an application under Section 33-C(2) of the Act, seeking additional wages amounting to Rs. 93,600/- from the petitioners-department for working on Saturdays. He joined the petitioners-department on 01.01.1977 as Beldar and was drawing sum of Rs. 18,000/- per month. It is claimed that the applicant was not given benefit of working on Saturdays as the Punjab Government had adopted five working days week for its employees w.e.f. 07.04.1980. As such, he was entitled to paid holidays on all Saturdays as every Saturday was off day/paid day in all the departments/public offices/ public undertakings of Punjab Government. As the applicant had worked for 156 Saturdays during the period from March, 2007 to March, 2010, he was entitled to receive additional wages amounting to Rs. 93,600/- from the petitioners-department.