- (1.) By this petition the petitioner-Union has challenged the order dated 2.1.1996 (Annexure P-1) whereby it was clarified that only those employees were entitled to overtime rates for working on Saturdays who had filed Court cases. Brief facts which have given rise to this controversy are that in Reference No. 56 of 1969 decided on 30.4.1970 the Industrial Tribunal, Punjab directed that Beldars working with the Municipal Corporation, Ludhiana were entitled to paid holiday in a week and consequently directed that all those who had worked on sixth day (i.e. on Saturday) would be entitled to extra wages. Thereafter, large number of applications under Section 33C(2) of the Industrial Disputes Act, 1947 were filed by individual employees claiming their extra wages. The petitioner-Union also filed CWP No. 11611 of 1989. The said writ petition was ultimately disposed of as having been rendered infructuous because in the meantime the Corporation paid the amounts to some of the employees. The Division Bench of this Court also held that there was a binding award between the parties in view of which workmen were entitled to wages for the duties performed on Saturdays. By the order (Annexure P-1) the benefit of compensation for working on Saturdays was restricted only to those employees who had approached the Court. Hence, the petitioner-Union is before this Court.
(2.) The precise argument of learned counsel for the petitioner is that this kind of discrimination between the two sets of homogenous employees is impermissible in law.
(3.) Learned counsel for the respondent-Municipal Corporation are not in a position to deny that relief cannot be restricted to similarly situated employees who have approached the Court. They have however pointed out that to get the necessary relief it would be incumbent upon each individual workman to file an application under Section 33C(2) of the Industrial Disputes Act, 1947 detailing the days for which they are entitled for this extra payment.;