Punjab-Haryana High Court
Rupinderjit Singh And Others vs State Of Punjab And Ors on 26 July, 2016
Author: Jaswant Singh
Bench: Jaswant Singh
CWP 21929/2014(O&M) 1 105
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Date of decision:26/07/2016.
Rupinderjit Singh and others
............Petitioners
vs
State of Punjab and others
.............Respondents
CORAM:- HON'BLE MR.JUSTICE JASWANT SINGH
Present:- Mr.Vishal Sodhi,Advocate for the petitioners
Mr.Harkesh Manuja,Addl.AG Punjab for respondents
1,3 and 4.
Mr.Ashok Kumar Arora, Advocate Senior Panel counsel
for UOI-respondent no.2.
Jaswant Singh,J(Oral)
The main case stands adjourned to 18.10.2016.
In the meantime, CM 7481/2016 has been filed for staying termination/dispensing the service of petitioners during the pendency of the case.
With the consent of the counsel for the parties, the main case is preponed and taken on Board for hearing today itself.
Thirty six petitioners were engaged as Chowkidars by respective Medical Officers/Female Staff Nurses at various Sub Health Centers in the rural areas for extending security during night time,wherever required. The funds for these Sub Health Centers in the rural areas were under a scheme floated by National Rural Health Mission in collaboration 1 of 3 ::: Downloaded on - 13-09-2016 21:07:59 ::: CWP 21929/2014(O&M) 2 105 with State Government. The funds were allocated in the scheme in the proportion of 70:30 initially for the period 2005-2012 and now after renewal for the period from 2013 to 2018 in the ratio of 60:40. Under the scheme the Doctors and the Para Medical Staff are engaged and their salary component is covered in the scheme. It is a conceded position that engagement of Chowkidars for doing night duty was never contemplated nor envisaged under the scheme.
Heard learned counsel for the parties.
The precise grievance of the petitioners is that they were engaged on consolidated honorarium i.e. Rs.1500/- to Rs.2500/- which was lower than the minimum wages notified at particular points of time.
Upon notice, a short reply has been filed on behalf of respondent no.3. It is a conceded position that petitioners and other similarly situated Chowkidars were engaged by the Medical Officers of their own choice without any advertisement or selection. The engagement is purely contractual and need based. The amounts of wages to be paid were to be defrayed from the salary components of the sanctioned staff under the National Rural Health Scheme. However, the entitlement of the petitioners as per the protection of minimum wages is not denied and accordingly a letter dated 3.3.2016 (R-3/1) has been placed on record ordering that the payment of honorarium shall be paid as per rates specified from time to time under the Minimum Wages Act by the Labour Commissioner, Punjab. The funds, however, are not to be provided by National Rural Health Mission. It is thus evident that main grievance of the petitioners stands redressed.
At the time of hearing counsel for the petitioners submits that services of petitioner no.34-Darbara Singh are being dispensed with by 2 of 3 ::: Downloaded on - 13-09-2016 21:08:00 ::: CWP 21929/2014(O&M) 3 105 Senior Medical Officer, Lalru on the ground of non-availability of funds. He thus prays for a stay of termination of his services.
The prayer is liable to be rejected in the light of nature of engagement. The officer concerned is fully competent to dispense with the engagement of the petitioner no.34 in case his services are not required or he has no funds to pay the honorarium.
In view of the above, present petition being devoid of merits is dismissed. However, it is clarified that the arrears of difference of minimum wages and actual amount paid shall be determined by the Medical Officers concerned and hopefully disbursed to the petitioners at the earliest.
26.07.2016 (Jaswant Singh)
joshi Judge
Whether speaking/ Yes/No
reasoned
Whether Reportable: Yes/No
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