C.W.P. No.1133 of 2010 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. C.W.P. No.1133 of 2010 DATE OF DECISION : 19.5.2011 Ram Harsh and others PETITIONERS VERSUS The State of Haryana and others RESPONDENTS CORAM : HON'BLE MR.JUSTICE MAHESH GROVER Present:- Shri Namit Kumar, Advocate for the petitioners. Shri Harish Rathee, Senior D.A.G. Haryana. MAHESH GROVER, J. In this writ petition, the petitioners have pleaded that they are Class IV employees and are aggrieved against the action of the respondents vide which they are getting the reduced salary of Rs.1920/- per month with effect from 1.3.2009, whereas earlier they were getting the salary of Rs.2840/- per month. According to the notification Annexure P-4, they are entitled for their wages at the rate of Rs.3665/- per month with effect from 1.7.2008 to 28.2.2009 and at the rate of Rs.3914/- with effect from 1.3.2009 onwards. All the petitioners are working as Cook/Water Carrier/Mali and Sweepers in the Haryana Police as Contingent Part- time employees. It is alleged that work is being extracted from them from 8 to 12 C.W.P. No.1133 of 2010 -2- hours, but they are paid at the D.C. rates and they have been working from 1980 onwards. Annexure P-3 is the notification dated 11.11.2008 prescribing the rates of contingent employees. The relevant portion of the same is extracted here below :- --------------------------------------------------------------------------------------------------- Sr.No. Category No. Pay/wages Daily per month wages including D.A. -------------------------------------------------------------------------------------------------------------------------- 1. Category No.1 (unskilled) Sweeper/Waterman/Chowkidar/ 3665 141 Cattle Pond/Grasscutter/Labourers/Peon/Khalashi/Cartman/ Cleaner/Cook/Mali/Aya/Watchman/Packer/Basta-Bardar/ Peon-cum-Chowkidar/Truck-Cleaner/Book-Binder/ Munadiwala/Store-boy/Fisherman/Beldar/Laskar/ Photocopying Operator/Fieldman/Jamadar. --------------------------------------------------------------------------------------------------------------------------- Respondents have denied the claim of the petitioners and have stated that the petitioners are merely working as Part-Time employees and work for just two hours a day. Anneuxre P-4 is the notification issued by the Labour Department of Haryana Government indicating the maximum rates of pay and wages admissible to contingent employees in the various departments of District Kurukshetra. The relevant portion of Annexure P-4 is extracted here below :- --------------------------------------------------------------------------------------------------- Sr.No. Category No. Pay/wages Daily per month wages including D.A. -------------------------------------------------------------------------------------------------------------------------- 1. Category No.1 (unskilled) 3914 151 Sweeper/Waterman/Chowkidar/Cattle Pond/Grasscutter/ Labourers/Peon/Khalashi/Cartman/Cleaner/Cook/Mali/Aya/ Watchman/Packer/Basta-Bardar/Peon-cum-Chowkidar/ Truck-Cleaner/Book-Binder/Munadiwala/Store-Boy/ Fisherman/Beldar/Lakshar/Photocopying Operator/Fieldman/ Jamadar. --------------------------------------------------------------------------------------------------------------------------- C.W.P. No.1133 of 2010 -3- The respondents have clarified the position to say that these rates vary form district to district and are not uniform and that the Financial Commissioner has taken a conscious decision that where the category of a worker employed in the employment is not mentioned specifically, he shall not be paid less than the minimum wages for similar categories having same scale and the the rates of wages cannot be less than those prescribed for an employment in the same category in the Police Department of Haryana. There is also on record notification issued by the Deputy Commissioner, Kurukshetra prescribing the various rates to be paid to skilled/semi-skilled/unskilled workers. A Cook/Waterman/Mali is entitled to Rs.5400/- per month. The relevant portion of said notification is extracted here below:- UNSKILLED CATEGORY No.1 -------------------------------------------------------------------------------------------------- Sr.No. Category of Workers PAY/WAGES INCLUDING D.A. whole time with weekly rest and Gazetted Holidays -------------------------------------------------------------------------------------------------------------------------- 2011-2012 -------------------------------------------------------------------------------------------------------------------------- PER MONTH PER DAY 1. Sweeper 5400-00 210-00 2. Waterman 5400-00 210-00 3. Chowkidar 5400-00 210-00 4. Cattle pond 5400-00 210-00 5. Grasscutter 5400-00 210-00 6. Labourers 5400-00 210-00 7. Peon 5400-00 210-00 8. Khalashi 5400-00 210-00 9. Cartman 5400-00 210-00 10. Cleaner 5400-00 210-00 11. Cook 5400-00 210-00 12. Aya 5400-00 210-00 13. Watchman 5400-00 210-00 14. Packer 5400-00 210-00 15. Basta-Bardar 5400-00 210-00 16. Peon-cum-Chowkidar 5400-00 210-00 17. Truck-cleaner 5400-00 210-00 18. Book-binder 5400-00 210-00 19. Munadiwala 5400-00 210-00 20. Store-boy 5400-00 210-00 21. Fisherman 5400-00 210-00 22. Beldar 5400-00 210-00 23. Laskar 5400-00 210-00 C.W.P. No.1133 of 2010 -4- 24. Photocopying-Operator 5400-00 210-00 25. Fieldman 5400-00 210-00 26. Jamadar 5400-00 210-00 27. Mali 5400-00 210-00 28. Mochi 5400-00 210-00 --------------------------------------------------------------------------------------------------------------------------- Article 21 of the Constitution envisages the right of every citizen to live with human dignity. Such dignity can only be nurtured, safeguarded and enhanced if the wages admissible to an employee are commensurate with the employment in which a person is placed and the aspirations which flow therefrom. Chapter IV of the Constitution equally casts an obligation upon the State to secure a living wage and conditions of work which ensure a decent standard of life. A decent wage structure therefore, is not only a prelude to a life of dignity, but is also complementary to a life with human dignity as guaranteed under Article 21 of the Constitution. It is to be noticed with concern that the petitioners have been working since 1980 onwards and yet their nomenclature shows that they are part- time employees. Their assertion that they have been working for such a long period at a rate which can be said to be abysmally low, and that they deserve more, is justified. The petitioners assert that they are made to work throughout the day, while this fact is denied by the respondents who say that the petitiones work only for two hours a day. The respondents have not placed any material on record which would justify their stand. The fact that the petitioners have been working since 1980 onwards, does not inspire confidence due to the plea raised by the respondents that the petitioners are contingent employees. I am thus, of the opinion that the petitioners have been greatly prejudiced on account of the amount which is being paid to them as wages. But considering the fact that the petitioners are contingent employees and also further considering the fact that the minimum wages admissible to an employee who C.W.P. No.1133 of 2010 -5- perform the similar duties is Rs.5400/-, I am of the opinion that this petition deserves to be accepted and the petitioners deserve to get salary at the rate of Rs.5400/- per month, which is more or less, comparable with Annexures P-3 and in consonance with the minimum wage prescribed. The writ petition is allowed in the above said terms. (MAHESH GROVER) May 19, 2011 JUDGE GD WHETHER TO BE REFERRED TO REPORTER? YES/NO