KRISHAN LAL Vs. GENERAL MANAGER, HARYANA ROADWAYS, KARNAL

JUDGEMENT

(1.) This petition has been filed by Krishan Lal, and others who are employees of Haryana Roadways, Panipat Depot, under Articles 226 and 227 of the Constitution for a writ of mandamus directing the respondents to pay to the petitioners wages equal to those earned by regular workers.

(2.) The petitioners were initially appointed on different dates as given in para 2 of the writ petition. However, their services were terminated on April, 8/9, 1982. They were reappointed after July 31, 1982 on different dates as mentioned in para 2 of the writ petition. They have worked with Haryana Roadways for about 13, 12, 8, 6, 5 and 3 years respectively at the time of filing of the writ petition. The petitioners were getting pay on monthly basis. They were not given weekly rest as is given to regular workers. They were performing the same duties as performed by regular workers/sweepers. However, they were paid daily wages amounting to Rs. 440/- and not 860/- (Approximately) as were paid to the regular workers. The petitioners served a demand notice, annexure P. 1, through Roadways Karamchari Sangh (a Union). The notice was rejected on the ground that the said Union was not having representation of 25 per cent of the workers. Left with no remedy, they have approached this Court challenging the action of the respondents being illegal and violative of Articles 14 and 16 read with Article 39(d) of the Constitution on the doctrine of equal pay for equal work. The written statement was filed by Shri P.C. Sharma, General Manager, Haryana Roadways, Karnal on behalf of the respondents. A preliminary objection was taken that the State of Haryana was a necessary party. On merits, it was alleged that the petitioners were working as daily wage sweepers from the different dates as mentioned in para 2 of the written statement. It was in 1984 that petitioner Nos. 1 to 4 and 6 were reappointed whereas petitioner No. 5 was reappointed in June, 1985. The petitioners were being paid wages after expiry of respective month on the rates as approved by the Deputy Commissioner, Karnal. The regular sweepers were appointed only when sponsored through the Employment Exchange and they were adjusted against regular posts as sanctioned by the Government. These employees were paid wages in pay scale sanctioned by the Government whereas the daily wage sweepers were appointed for a specific period without being sponsored through the Employment Exchange and thus were paid wages as approved by the Deputy Commissioner from time to time. There were only 14 sanctioned posts of sweepers in the regular to time. There were only 14 sanctioned posts of sweeper available on which the petitioners could be adjusted. Persons who were made regular earlier were not junior to the petitioners. Their details were given in para 7 of the written statement. With respect to two of the persons, namely Ram Juwari ad Smt. Bohti Devi, it was stated that they were made regular as they were sponsored by the Employment Exchange. According to Notification of Vacancies Act, 1959, no person could be appointed against any post unless sponsored throught the Employment Exchange. The petitioners were never sponsored throught the Employment Exchange. The petitioners served a demand notice under the Industrial Disputes Act for regularisation of their services and the same was contested.

(3.) During pendency of the writ petition, an application was filed on behalf of the petitioners that the petitioners be allowed to restrict this joint writ petition to be point of equal pay for equal work and they be allowed to file separate writ petition on the point of regularisation as the facts relevant to the issues would be different in each case. In view of the said application, this writ petition is restricted only to the grant of equal pay for equal work. The petitioners are left to file, if so advised, separate writ petitions for regularisation of their services.