CWP No. 22454 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- Date of decision: 27.07.2011 1. CWP No. 22454 of 2010 (O&M) Raj Pal and others ........ Petitioners Versus Uttri Haryana Bijli Vitran Nigam Limited and others .......Respondent(s) 2. CWP No. 134 of 2010 (O&M) Karamaveer ........ Petitioner Versus Uttri Haryana Bijli Vitran Nigam Limited and others .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. J K Goel, Advocate for the petitioners Mr. Narinder Hooda, Advocate for the respondents -.- 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether the judgment should be reported in the Digest? Nirmaljit Kaur, J. Both the aforesaid writ petitions are being disposed of by this common order as similar issue is involved. The petitioners herein are praying for issuance of CWP No. 22454 of 2010 2 direction to the respondents to pay wages @ `44/- per hour to the petitioners as fixed by the Deputy Commissioner, Kaithal from 01.03.2010 and with further prayer not to deduct the amount on account of weekly rests and other recovery and release the entire wages together with interest @ 18% per annum. It is contended by the learned counsel for the petitioners that the petitioners who were working on part time basis in the Electricity Department were being paid wages as per the rate fixed by the Deputy Commissioner, Kaithal from time to time. The Deputy Commissioner, Kaithal, vide letter dated 05.08.2010 (P2) revised the wages of various posts i.e. Chowkidar, Mali, Sweeper/Sweeper-cum-Chowkidar with effect from 01.03.2010 to 28.02.2011. According to the said letter, the wages of part time employees were fixed as `44/- per hour. The said letter further reads as under:- Part Time employees in Govt. Offices including Police Department 61 Chowkidar/Mali/Part 62 Part time Sweeper/Sweeper-cum- Chowkidar 63 Part time Water Carrier/Cook 64 Part Time Dak Runner Rs.44/- per hour, but it should not be more than Rs.144/- in day and Rs.3750/- in a month (with weekly rest) However, the matter was reconsidered by the Deputy Commissioner, Kaithal and vide letter dated 17.09.2010 (P3) as communicated to the concerned Department, the ceiling of `144/- per day and `3750/- in a month (with weekly rest) was lifted. Despite the removal of the ceiling of the wages, the respondents reduced the wages of the petitioners from `6,300/- CWP No. 22454 of 2010 3 per month for working five hours in a day and started recovering an amount of `860/- from the wages of the petitioners. Written statement has been filed on behalf of the respondents. As per the written statement, the petitioners were wrongly and mistakenly being paid `5720/- for working five hours in a day, whereas, as per DC rate vide office order dated 05.08.2010, the petitioners were entitled to get `2860/- per month. So, `110/- were paid to the petitioners per day. As the petitioners work 26 days in a month after deducting monthly rests, so the total wages becomes `2860/- in a month as per DC rate. Heard. It is admitted by the respondents in para 12 of their reply that as per the latest office order dated 11.05.2011 (R3) passed by the Deputy Commissioner, Kaithal with regard to the payment of wages to the part time employees, the petitioners are now being paid at the rate of `46/- per hour which comes to about `5980/- per month (`46x5hoursx26 days=`5980/-) learned counsel for the petitioners too does not dispute that the petitioners have since started receiving the said amount i.e. @ `46/- per hour as is evident from order R3, applicable to the part time employees in Government offices against serial Nos. 62 to 64. Learned counsel for the respondents are also not able to deny that the ceiling imposed vide office order dated 05.08.2010 (R1) was duly withdrawn vide letter dated 17.09.2010 (P3) by the Deputy Commissioner, Kaithal on re-consideration. CWP No. 22454 of 2010 4 Therefore, the deduction from the wages of the petitioners on account of the alleged ceiling was illegal. As such, it is apparent that : a) the petitioners are entitled to the wages at the rate of `44/- per hour from 01.03.2010 to 28.02.2011. b) The petitioners are now being paid wages @ `46/- per day in view of the letter dated 11.05.2011 as is evident from office order R3. Taking up the argument of the learned counsel for the petitioners that weekly rest has to be provided, has no merit in view of the fact that the wages are being paid per hour with no ceiling. In view of the above, both the writ petitions are allowed to the extent that the respondents are directed to pay the balance arrears of wages at the rate of `44/- per day from 01.03.2010 to 28.02.2011 within two months from the date of receipt of certified copy of this order. Copy of this order be placed on the connected file. (Nirmaljit Kaur) Judge 27.07.2011 mohan