Mahesh Grover, J. - (1.) THE petitioners have been working as LAs (Class IV) employees in S. Govt. Science and Research College, Jagraon since 2010 -2011 of daily wages. The wages were paid at DC rates per month. On record is Annexure P -3 sanction received by the College from the Director Education Department (Colleges), Punjab regarding the payment to be made from the amalgamated fund for the session 2013 -2014 on DC rates payable monthly. For the purpose of reference, the relevant portion of Annexure P -3 is extracted here -in -below. "Sanction is issued to Director, S. Govt. Science and Research College, Jagraon, Ludhiana to engage workers on D.C. rate out of Amalgamated Fund for the session 2013 -2014 as follows: Dr. Tarsem DhariwalDirector Education Department(Colleges)Punjab Endst. No. 11431 -10/7 -2010 C.Edu. (3) Dated 19.07.2013 A copy of this is sent to the following for information and necessary action - 1. Director S. Govt. Science and Research College Jagraon, (Ludhiana) regarding his letter No. AK/13/953 dated 17.06.2013 and A.K/13/962 dated 27.06.2013 that on their own behalf give a break in the service of these workers. These posts may be filled for that period for which there is requirement." The petitioners continued to get this monthly DC wages till November 2013 when their wage structure was altered to their detriment. Instead of monthly wage at DC rages, the petitioners were now being paid on hourly basis which is the cause of grievance to the petitioners. Ultimately the service of the petitioners were dispensed with in March 2015.
(2.) THE dispute raised in the instant petition is only regarding this discrepancy in the wage structure from November 2013 till March 2014. The respondents in their reply have not offered any satisfactory explanation even though they have admitted the assertions made by the petitioners in that regard i.e. payment of monthly wage on DC rates. On due consideration, I am of the view that the respondents have indulged in unfair labour practice by reducing the pay structure of the petitioners and altering it from monthly wage to hourly wage. Such a practice without any basis cannot be sustained particularly when the Govt. has sanctioned the amount of wages on monthly basis DC rates.
(3.) FINDING no plausible reason to sustain such a deviation in wage structure which is detrimental to the petitioners, I am of the view that the action of the respondents deserves to be deprecated and the petitioners ought to be given pay for the period November 2013 till March 2014 as per the wage structure admissible to them i.e. monthly wage as per DC rates which is not being paid to them from November 2013. The petition is disposed of with a clear mandate to the respondents to make the payment on monthly wages at DC rates from November 2013 till March 2014 within the period of 4 weeks from the date of receipt of certified copy of this order. The petitioners are also held entitled to compensatory costs of Rs. 5000 each which shall also be paid to them within the aforesaid period.;