CHIEF ENGINEER, RANJIT SAGAR DAM PROJECT, SHAHPURKANDI TOWNSHIP Vs. WORKMEN, THEIN DAM WORKERS UNION (REGD ) CITU

JUDGEMENT

(1.) In the present writ petition, the challenge is to the award dated 27.04.1992 passed by the Industrial Tribunal, Punjab, Chandigarh(Annexure P-1), vide which the reference has been answered in favour of the workmen holding them entitled to wages and facilities equal to work charged and regular employees on the principle of "equal pay for equal work".

(2.) Counsel for the petitioner contends that the award passed by the Labour Court cannot be sustained as it has clearly come on record that the service rules governing the service are different, the conditions of service are different, the mode of appointment is different, the responsibilities are different and the control and the supervision of the Management is different and, therefore, the facilities and wages are bound to be different. The appointments of casual workers are not made by complying with the statutory Rules governing the service nor are their selections made after advertisement of posts. As and when the work is available, the workmen are taken for the assignment. On this basis, she submits that merely because the work performed by the daily wagers and the other categories of employees is same, it would not entitle them for equal wages and facilities as are granted to work-charged and regular employees. For this submission, she relies upon the judgment of the Hon'ble Supreme Court in the case of State of Haryana v. Charanjit Singh, 2006 3 SCT 170, wherein the Hon'ble Supreme Court has in detail referred to the earlier judgments of the Hon'ble Supreme Court and proceeded to settle the principles governing the claim of equal pay for equal work. She, on this basis, submits that the impugned award (Annexure P-1) cannot be sustained and deserves to be set aside.

(3.) On the other hand, counsel for the respondents submits that the Labour Court, on the basis of the pleadings and the evidence led by the parties, has come to a conclusion that the workmen are entitled to wages and facilities equal to the work-charge and regular employees on the basis of the principle of "equal pay for equal work". He submits that after the passing of the award dated 27.04.1992, various other developments have taken place. He contends that the certified standing orders in respect of work-charge staff of Ranjit Sagar Dam Project, Shahpurkandi, which have been brought in force, have been made applicable to the respondents after the passing of the award dated 2.2.1993 by the Labour Court, Gurdaspur. The said award dated 2.2.1993 has been implemented by the petitioner vide letter dated 1.3.1995. He further submits that the Government of Punjab had, vide its communication dated 13.03.1996, regularized the services of the workmen, wherein it has been stated that the past service rendered by the employees on work-charge/daily wage basis will be treated as qualifying service for pensionary and all other consequential benefits. He, on this basis, contends that the claim of the respondents has been accepted by the Government while implementing the award dated 2.2.1993 vide its letter dated 1.3.1995 and thereafter, by regularizing the services of the workmen vide communication dated 13.03.1996. The services of the workmen having been regularized, the writ petition has been rendered infructuous. He, in any case, submits that the claim having been granted in favour of the workmen on the basis of the pleadings and the evidence led by the parties vide the award dated 27.04.1992, which has been impugned by the Management before this Court deserves to be upheld.