RSA No.3130 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CM No.9273 -C of 2007 and RSA No.3130 of 2008 (O&M) Date of Decision: 26.9.2008 Municipal Corporation, NIT Faridabad and another .....Appellants Vs. Smt. Krishna ....Respondent .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Arvind Rajotia, Advocate for the appellants. None for the respondent. ... RAJIVE BHALLA, J CM No.9273-C of 2008 For the reasons stated in the application, the delay of 188 days in filing the appeal is condoned. RSA No.3130 of 2008 The appellants, challenge judgements and decrees dated 11.10.2007 and 19.12.2007 passed by the Civil Judge (Junior Division), Faridabad and the District Judge, Faridabad, decreeing the suit filed by the respondent and dismissing the appeal filed by the appellants, respectively. The plaintiff-respondent filed a suit for declaration that she is entitled to wages @ Rs.5500/- per month equal to other safai karamcharis and other consequential benefits on the principle of equal pay for equal work. In addition, she also prayed for issuance of a permanent injunction to RSA No.3130 of 2008 2 restrain the appellants from terminating her services forcibly or illegally. The appellants opposed the aforementioned prayers by asserting that the respondent was employed on daily wages during strike by regular Safai Karamcharis. As the Safai Kasramcharis, who were terminated during strike period were reinstated, the respondent is surplus and, therefore, cannot claim parity with the regular Safai Karamcharis. After considering the controversy in its entirety, the learned trial Court held that as the respondent was appointed as a regular Safai Karamchari, vide letter dated 17.1.1997 Ex. PW1/B, in the grade of Rs.750- 12-870-EB-14-940/- plus usual allowances, admissible from time to time under the rules, she could not be placed in the category of a daily wager and paid emoluments accordingly. Her services, therefore, could not be terminated without following the procedure established by law. Consequently, the suit was decreed in favour of the respondent. Aggrieved by the aforementioned judgement and decree, the appellants filed an appeal. The District Judge, Faridabad, affirmed the findings returned by the trial Court and dismissed the appeal. Counsel for the appellants submits that the respondent was appointed on daily wages during a strike by the regular safai karamcharis. Resultantly, her claim for emoluments @ Rs.5500/- per month, equal to the emoluments being paid to regular safai karamcharis can not be accepted. It is submitted that as the striking employees were reinstated, the respondent is surplus i.e. beyond the sanctioned strength of safai karamcharis, she cannot, therefore, be granted the wages of a regular employee. I have heard learned counsel for the appellants, perused the impugned judgements and decrees and express my inability to accede to the RSA No.3130 of 2008 3 arguments urged by counsel for the appellants. As referred to herein above, the respondent was offered a regular appointment in the regular pay scale of a safai karamchari. She was medically examined by the Civil Surgeon, submitted her medical fitness certificate and joined service as a regular safai karamchari. The appointment letter does not contain a stipulation that her appointment would terminate, if the dismissed safai karamcharis are taken back or that she would, in such an eventuality be assigned the status of a daily wager. It is, therefore, apparent that not only is the respondent entitled to receive wages in accordance with the letter of appointment, but the appellants have no right to terminate her services, except in due course of law. Dismissed. 26.9.2008 (RAJIVE BHALLA) GS JUDGE