IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 3917 of 1989. Date of Decision : April 16, 2009. The Haryana Cooperative Sugar Mills Limited, Rohtak. ....... Petitioner. Versus. Satpal, Workman, and another. ....... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. I.S. Sidhu, Advocate, for the petitioner. None for the respondents. AUGUSTINE GEORGE MASIH, J. (ORAL). In the present writ petition, the challenge is to the order dated 18.10.1988 (Annexure-P-5), passed by the Labour Court, Rohtak, vide which an application under Section 33-C(2) of the Industrial Disputes Act, 1947, made by the respondent No. 1-workman, has been allowed, holding him entitled to Rs. 3,504.34 paise on account of short payment of wages from November, 1979 till the date of application. Counsel for the petitioner-Mill contends that since the workman was appointed on daily wage basis, he was not entitled to the claim which he had made before the Labour Court in his application under Section 33-C(2) of the Industrial Disputes Act, 1947. He contends that he was being paid as per his terms of appointment. On this basis, he contends that the impugned C.W.P. No. 3917 of 1989. order dated 18.10.1988, passed by the Labour Court, Rohtak, cannot be sustained. On a categoric question being asked by the Court, counsel for the petitioner-mill has very fairly stated that as there was no stay granted by this Court against the impugned order, the workman has been granted the relief of Rs. 3,504.34 paise. He further contends that since the workman was working in the Accounts Section although not designated as Accounts Clerk but was being granted Grade-III of the Clerical Staff. I have gone through the records of the case and impugned award. Perusal of the same would show although the workman was not designated as Accounts Clerk but was performing the duties in the Accounts Section. This aspect is apparent wherein the Labour Court in para-10 while discussing the evidence of Shri Atar Singh M.W.1 who has stated that the workman has been working in the Accounts Section since 1974. As per M.M./A.C.-817, dated 21.07.1975, issued by the petitioner-mill regarding distribution of the work to Accounts Section shows that by virtue of the same, the workman was directed to assist Shri O.P. Malhotra and Shri Ram Chander in performance of their duties. The workman has been working according to the instructions given by these two abovementioned officials. Since, the workman was performing the duty of Accounts Clerk, he was held entitled to Grade-III of the Clerical Staff by the Labour Court. This factual position could not be disputed by counsel for the petitioner. It goes without saying that the workman is entitled to equal pay for equal work for which as the facts are apparent, the workman having been performing the work of Accounts Clerk, he would be entitled to Grade-III of Clerical Staff. -2- C.W.P. No. 3917 of 1989. In view of the above, no illegality can be said to have been committed by the Labour Court, Rohtak, while passing order dated 18.10.1988 (Annexure-P-5) which has been impugned by the petitioner-mill in the present writ petition. Finding no merit in the present writ petition, the same stands dismissed. (AUGUSTINE GEORGE MASIH) JUDGE April 16, 2009. sjks. -3-