C.S.PANDEY, J. - (1.) This application, under Sec. 19 of the Administrative Tribunals Act, 1985 has been filed jointly by 88 applicants. they are all employees of the Central Public Works Department and are working as Daftaries, Peons or Barkandaz. They are all Class IV employees.
(2.) It is stated in the application that Daftaries, Peons, Barkandaz and Chowkidars are all Class IV employees of the Central Public Works Department. If a Chowkidar performs overtime duties, he gets overtime wages in terms of Rule 25 of The Minimum Wages (Central) Rules, 1950. The applicants are also at times asked to perform overtime duties. a Chowkidar. This is because Chowkidars are sometime on leave or duty. For performing overtime duty as a Chowkidar, the applicants Dare Daftaries, Peons, Barkandaz are not being paid overtime wages provided in Rule 25 of The Minimum Wages (Central) Rules, 1950. Instead they are paid only overtime allowance in terms of instruction" issued by the Ministry of Finance. Overtime wages paid to the Chowkidars is at the rate of double the normal wage of a Chowkidar. The overtime allowance paid to the applicants for overtime duty as a Chowkidar much less and at a much lower rate. It is prayed that they should also paid overtime wages at the same rates as a Chowkidar gets when he performs overtime duties. It is contended that paying overtime allowance he applicants instead of overtime wages as paid to Chowkidars, violates principle of equal pay for equal work. The applicants therefore, pray respondents should be directed to pay to Daftaries, Peons and Barkandaz doing overtime duties as a Chowkidar, overtime wages as payable to Chowkidars for similar overtime duties.
(3.) The application is resisted by the respondents. It is stated in the reply that the workcharged employees of the Central Public Works Department are governed by the Minimum Wages Act, 1948 and the rules made thereunder. A few categories of workers who were initially in the work charged establishment were later brought over to the regular establishment. Among the categories of workers so brought over to the regular establishment is the category of Chowkidars. As workcharged employees, they were entitled to overtime wages in accordance with Rule 25 of The Minimum Wages (central) Rules, 1950. When they were brought on the regular establishment, a question arose whether they would still be entitled to overtime wages in accordance with Rule 25 of The Minimum Wages (Central) Rules, 1950. In a meeting of the Joint Consultative Machinery, it was decided that Chowkidars would continue to be governed by the Minimum Wages Act, 1948 and the rules thereunder for the limited purpose of payment of overtime wages. This is the historical background, how the Chowkidars engaged in the field offices of the Central Public Works Department were covered by the Minimum Wages Act and the rules thereunder with effect from 1.1.1983. This was in pursuance of an order dated 6th July, 1983. The respondents contend that the applicant and other similarly placed Class -IV employees are not covered under the scheduled employment listed under the Minimum Wages Act of 1948. They are regular Government servants and are entitled to Overtime allowance for extra hours of works as per the rules prescribed for regular Government servants by the Ministry of Finance. It is reiterated that Daftaries, Peons and Barkandaz have not been brought under the purview of the Minimum Wages Act for the purpose of overtime wages. It is further stated that Daftaries, Peons and Barkandaz are at times asked to perform the duties of Chowkidars and for such overtime work they are paid overtime allowance.;