Punjab-Haryana High Court
The Pepsu Road Transport Corporation, ... vs The Presiding Officer, Labour Court And ... on 26 February, 2003
Author: S.S. Nijjar
Bench: S.S. Nijjar
JUDGMENT S.S. Nijjar, J.
1. Learned counsel for the petitioners have filed affidavits in these cases and the same are taken on record.
This order will dispose of Civil Writ Petitions Nos. 4950 of 1986, 6278 of 1987, 7683 of 1987, and 6871 of 1990, as the same law points are involved in these writ petitions.
3. On the last date of hearing, after hearing the arguments of the parties and ongoing through the record of the cases, this Court was of the opinion that due to the pendency of these writ petitions since the year 1987, it would be appropriate for the parties to explore the possibility of a settlement. Learned counsel for the petitioner was requested to seek instructions from the Corporation as to whether they are prepared to continue the employment of the respondents-workmen, since the operation of the award had been stayed subject to Section 17-B of the Industrial Disputes Act. It had been brought to the notice of this Court that as a consequence of the interim orders passed by this Court, all the respondents were taken back in service. It was, however, pointed out by the learned counsel for the respondents-workmen that although they are working continuously, yet they are being paid only the wages last drawn. In other words, they have not been given any benefit of increments during the period of service rendered by them since the admission of the writ petitions. Mr. Pawan Sharma on instructions from the official of the petitioner-Corporation has stated that the Corporation is ready and willing to continue the workers in employment, but they will not, however be paid any backwages as directed by the impugned award excepting the amount which has already been paid to them. The proposal made by the learned counsel is acceptable to the counsel for the respondents-workmen. They have, however, made a prayer that the petitioners be directed to fix the pay of the workmen as at present after giving the benefits of the increments which they would have drawn. I am of the considered opinion that the aforesaid submission of the counsel is just and fair. The respondent-workmen have been continuously performing the duties allotted to them. Therefore, they cannot be denied the wages which were being paid to workers similarly situated to the respondents-workmen.
4. In view of the above, these writ petitions are disposed of with the following order:- "The respondents will continue in employment till the age of superannuation subject to the right of the Management to take any action which may be permissible under the Rules. The respondents-workmen will not be paid any backwages from the date of termination till the date of reinstatement. The wages of the workmen shall now be fixed at the same stage as that of other workers who are similarly situated and they shall be given the benefit of increments which would have accrued to them. Any financial benefits accruing to the respondents-workmen on the basis of refixation of their pay shall be paid within a period of four months from today. There will also be no break in the continuity of the service of the respondents-workmen on the basis of the orders of termination which have been set aside by the Labour Court." Disposed of.