Punjab-Haryana High Court
Municipal Fire Brigade Union Regd vs State Of Punjab And Others on 23 July, 2010
Author: Surya Kant
Bench: Surya Kant
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Civil Writ Petition No.12809 of 2010
Date of Decision : July 23, 2010.
Municipal Fire Brigade Union Regd. .....Petitioner
versus
State of Punjab and others .....Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT.
Present : Ms.J.J.Kaur, Advocate, for the petitioner.
-.-
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?
---
Surya Kant, J. (Oral)
The petitioner-Union seeks quashing of the order dated 22.4.2010 (Annexure P-6) passed by the Commissioner, Municipal Corporation, Ludhiana, whereby its claim for payment of over-time allowances has been turned down. The petitioner-Union claims to represent the Fire Brigade Employees of the Municipal Corporation, Ludhiana. Vide a legal notice dated 26.2.2009 (Annexure P-5), the petitioner-Union demanded payment of over-time allowance and finding no response, it approached this Court by way of a Civil Writ Petition No.1221 of 2010 which was disposed of with a direction to the Municipal Corporation, Ludhiana to take an appropriate decision.
The Commissioner, Municipal Corporation, Ludhiana vide the impugned order dated 22.4.2010 (Annexure P-6) has explained that as per C.W.P.No.12809 of 2010 2 the Government Circular dated 10.11.1993, the Fire Brigade employees are provided the following facilities:-
"i) The employees shall be given 20 special casual leave in addition to the usual casual leave as admissible to other staff, in lieu of gazetted holidays and Saturdays and second Saturday;
ii) Uniform at the cost of Municipal Council;
iii) Rent free accommodation within Fire Station or near to Fire Station or prescribed scale alongwith free water and electricity upto certain limit or in the alternative, the house rent at prescribed rates;
iv) Provision for outdoor games, News papers and Magazines in Fire Station.
v) Since the Fire Staff has accepted the appointment after fully knowing the nature of duties and responsibilities, therefore, they are bound to show desired discipline."
In my considered view, in the light of the above reproduced benefits already extended to the Fire Brigade personnel, the claim of the petitioner-Union to grant over-time allowance also is wholly untenable and has been rightly turned down.
No interference with the impugned order is called for. Dismissed.
However, the aforesaid order shall not preclude any individual Fire Brigade employee to claim the benefits as admissible to them in terms of the Circular dated 10.11.1993.
July 23, 2010 (SURYA KANT) Mohinder JUDGE