C.W.P. No.11983 of 1989 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.11983 of 1989 Date of Decision.19.04.2010 Rameshwar Dass, Signaller and others ........Petitioners Versus The State of Haryana through the Secretary-cum-Commissioner to Govt. Haryana, Irrigation Department, Civil Secretariat, Chandigarh and others ....Respondents Present: Mr. Ashish Bansal, Advocate for Sh. S.D. Bansal, Advocate for the petitioners. None for the respondents. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? -.- K. KANNAN J.(ORAL) 1. The petitioners seek for issue of writ of mandamus directing the respondents to grant one month's additional salary to the Signallers in lieu of performance of duty on Saturdays, Sundays and other gazetted holidays. In fact, the petitioners were claiming parity of treatment in the manner provided to Signallers in the Irrigation Department of the State of Haryana where the persons had been afforded a month's additional salary for performance of duties on Saturdays, Sundays and gazetted holidays. 2. The contention in defence to such a contention is that the nature of work for Signallers in Irrigation Department and in Bhakra C.W.P. No.11983 of 1989 -2- Beas Management Board (BBMB) are not the same and for the Signallers working in Haryana Irrigation Department the duty hours are more arduous. It is also pointed out that while the Signallers in the State service worked almost for all Saturdays and Sundays, the persons working in BBMB were availing weekly rest of some other day of the week and they were also been given 8 days of casual leave over and above the normal casual leave. The statement lists out other additional facilities, which the Signallers in BBMB were availing of, which the Signallers in the Irrigation Department did not obtain, which are as under: “1) Bhakra Compensatory Allowance @5% of basic pay per month. 2) Special Allowance @Rs.50/- p.m. upto old basic pay of Rs.300/- and Rs.75/- p.m. upto old basic pay of Rs.1500/-. 3) Shift Allowance @Rs.60/- p.m. to all class-III employees working in shifts. 4) Electric Allowance @Rs.40/- to all class-III employees. 5) E.B.A. @ Rs.8.33% per annum (Basic Pay + D.A.) subject to ceiling limit of Rs.1599.35p) 6) Encashment of surrendered leave i.e. one month's pay (Basic Pay + D.A.) after every alternate year. 3. The attempt was, therefore, to state that the petitioners cannot treat themselves at par with the persons, who were working in the Irrigation Department only by virtue of the fact that the pay scales for Signallers in the Irrigation Department and the Signallers in the BBMB were the same. It is further contended that the employees working in BBMB had a choice to opt to the pay scale of C.W.P. No.11983 of 1989 -3- the parent department or the BBMB and only exercising the said option, the persons had been granted the pay-scales opted by them. 4. Having regard to a specific contest taken by the respondents disputing the nature of work in the State service and BBMB is distinct, it is not possible to accede to the petitioners' request for giving the privileges which are extended to the Signallers in the Irrigation Department. However, it shall be open to the petitioners to claim such benefits as the law admits of if the employees are compelled to work also on Saturdays, Sundays as well as on gazetted holidays under the provisions of the Payment of Wages Act or by applying under the provisions of the Industrial Disputes Act under Section 33-C(2). Any consideration of the appropriate authority shall be made on the factual basis of the nature of work done in the respective establishments and whether it will be possible to apply the principle of equal pay for equal work. 5. The writ petition is disposed of reserving to the petitioners the liberty as aforesaid. (K. KANNAN) JUDGE April 19, 2010 Pankaj*