- (1.) This petition is a facet of lack of work ethic found at the work place in public service in execution of social forestry programmes. The 54 petitioners before this Court are public servants serving in Nurseries and Farms maintained by the Horticulture Department in the State of Punjab, which is their parent department. They serve as either Budders, Head Malis, Motorman Sub-Inspectors or Malis. They are skilled workers whose main function is to propagate fruit plants through the techniques of grafting. They are also required to raise plant material in the Nurseries, Gardens and Farms for the nourishment and growth of flora which they look after, as parents would their progeny. Their working hours till lately were from 9:00 a.m. to 5:00 p.m. This was the position for the last 15 years. The impugned order has brought about a change in their daily routine and work timings.
(2.) It is said that many of them worked over time without any extra wages. They claim that similarly situated employees in the Punjab State Agriculture Marketing Board are required to work from 9:00 a.m. to 5:00 p.m. with lunch break from 1:30 p.m. to 2:00 p.m. in terms of the circular issued by the Board. The Punjab Government in the Department of Personnel and Administrative Reforms (General Establishment) Branch vide notification dated 7th August, 1980 had notified all Saturdays to be observed as holidays in Government offices throughout the State of Punjab till further orders. The notified working hours in the offices/departments of Government henceforth 'shall' be from 9:00 a.m. to 5:00 p.m. with half an hour break.
(3.) In the past, many of them feeling aggrieved by extra work performed by them and their seniors without payment of overtime wages and for working on Saturdays, had approached the Labour Tribunal, Patiala in an application under Section 33 C (2) of the Industrial Disputes Act, 1947 claiming extra wages for extra duties performed on week days and Saturdays in the Horticulture Department during the period 1st January, 2006 to 31st December, 2008 for which they were legitimately entitled to be paid for the work done on Saturdays. They won their case before the Labour Court which ruled in their favour by its order dated 23rd December, 2011, a copy of which has been placed at Annexure P-6. The Present Controversy;