CWP No.1036 of 1993 - 1 – IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No.1036 of 1993 Date of Decision:- 27.04.2009 Darshan and others ....Petitioners Versus State of Punjab & Others .....Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA Present: Ms. Priya Nair, Advocate for the petitioner Mr. Sandeep Moudgil, DAG Punjab for the respondents **** HEMANT GUPTA. J The petitioners are working as Pump Operators, Electricians, Mail-cum-Chowkidars, Bill Distributors and Beldars in the PWD Public Health RWS Division Muktsar, Circle Faridkot and GWS Division, Muktsar, Circle 4, Faridkot. This writ petition has been filed challenging order (Annexure P5) dated 5th April, 1991 fixing the wages in the Common Schedule of Rates. Petitioners are working on muster roll and are being paid wages as per Schedule-1 to 34 on Common Schedule of Rates, 1987. Such schedule of rates is revised by the Zonal Committee periodically. It is averred by the petitioners that in a meeting of the Zonal Committee held on 8.2.1991 for Zone ‘A’, the Common Schedule of Rates were revised by fixing ceiling premia on various categories of works. But without giving an opportunity of hearing, unilaterally, the Zonal Committee has revised Common Schedule of Rates. The revised communication was CWP No.1036 of 1993 - 2 – issued on 5th April, 1991 amending the previous Minutes. It is alleged that such amendment has been carried without giving any opportunity of being heard. Petitioner also relied on an order passed by the Division Bench of this Court dated 12th August, 1992. In the written statement, it has been pointed out that Zonal Committee in its meeting held on 8.2.1991 took a policy decision that the premium on the Chapter No.1 of the daily wages should be such so as to bring the wages at par with the Government Notification regarding payment of minimum wages. The premium of 130% above the CSR on item No.1.77 of Chapter No.1 was erroneously issued due to clerical mistake which was rectified in the corrigendum issued on 05.04.1991. After the corrigendum was issued, the rates fixed were at par with the Government Notification regarding payment of minimum wages. The writ petition first came on 1st January, 1993. Reduction in salary ad interim was granted. The said order was made absolute on April 26, 1993. The salary and the wages fixed in respect of workmen covered under the Common Schedule of Rates must have been revised many times thereafter. The dispute is in respect of short period i.e. between 25th of February, 1991 to April 1992. The assertion in the written statement is that the Common Schedule of Rates have been placed at par with minimum wages has not been controverted by filing rejoinder. The mistake in fixing wages under the Common Schedule of Rates vide Annexure P4 is said to be on account of a clerical mistake. Such clerical mistake can be corrected any time. Still further the petitioners are working on muster rolls. They are not required to be heard before the issue regarding the clerical mistake was considered by CWP No.1036 of 1993 - 3 – the Zonal Committee. The process of fixation of wages under the Common Schedule of Rates is not required to be fixed after hearing the workmen -petitioners. The period involved is short. Therefore, the present writ petition is disposed of with direction that the payment made to the petitioner in pursuance to the interim order passed by this Court shall not be recovered. The present writ petition stands disposed of accordingly. (HEMANT GUPTA) JUDGE 27.04.2009 shonkar