IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.5267 of 1994 Date of Decision: July 22, 2011 State of Punjab and others ...PETITIONERS Versus Shah Nahar Ekta Mazdoor Union and another ...RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL .. Present: Ms.Gurveen H. Singh, Addl.A.G.,Punjab, for the petitioners. ... SATISH KUMAR MITTAL, J. The State of Punjab and others have filed this writ petition challenging the award dated 29.9.1993 passed by the Industrial Tribunal, whereby the Industrial Tribunal has directed to give the medical allowance to the workmen working in Shah Nahar, Head Works Division, Talwara. I have heard the learned counsel for the petitioners and gone through the impugned award. In this case, the workmen raised an industrial dispute which was referred by the Government to the Industrial Tribunal under Section 10 of the Industrial Disputes Act, 1947 raising two disputes. Firstly, for giving the medical allowance to the work-charge employees at par with regular employees; and secondly for granting shift allowance to the work-charge employees. The Industrial Tribunal adjudicated the aforesaid dispute by the impugned award and granted relief to the workmen only with regard to medical allowance and the issue of grant of shift allowance was decided against them. The Industrial Tribunal, while taking into CWP No. 5267 of 1994 -2- consideration the evidence led by both the parties, held that the medical allowance was paid to the work-charge employees at par with the regular employees up to 1982-83, but later on it was denied without any justification. It has been found that the duties of the work-charge employees and the regular employees working in the establishment are the same and the risk to their bodies is similar. Therefore, the denial of the medical allowance to the work-charge employees is arbitrary and discriminatory. Learned counsel for the petitioners argued that the Industrial Tribunal has committed illegality while equating the work-charge employees with the regular employees, therefore, the medical allowance should not have been granted to the work-charge employees. I do not find any force in the contention of the learned counsel as in my opinion no discrimination can be made with regard to the payment of medical allowance between work-charge employees and regular employees. Both categories of the employees are performing the same duties and with similar risk to their bodies. In the matter of such like allowance, which pertains to the health of the workers, no discrimination can be made between the work- charge employees and regular employees. The classification made by the State Government while denying the benefit of medical allowance to the work-charge employees is arbitrary and has nothing to do with the object sought to be achieved, i.e. good health of the employees. Therefore, I do not find any illegality or infirmity in the impugned award passed by the Industrial Tribunal. No merits. Dismissed. July 22, 2011 ( SATISH KUMAR MITTAL) vkg JUDGE