JUDGEMENT
Surya Kant, J. -
(1.) The petitioners, who are working against different kinds of ministerial/
technical posts in the Department of Industries, Punjab and at the relevant time were posted
at the Facilities Centres, like Quality Marking Centres/Industrial Development Centres/
Punjab Test Houses, seek a writ in the nature of certiorari for quashing the order, dated
February 20, 1987 (Annexure P-11), and a direction to the respondents to implement the
Government Notification, dated 11.12.1986 (Annexure P-10), and consequently to allow
them to observe all Saturdays as public holidays like other similarly situated employees of
the Industries Department and/or to pay them 'extra remunerations' for the additional
number of working days.
(2.) The facts, which have given rise to this petition, are as follows:
2-a. Vide Notification, dated 7.4.1980 (Annexure P-l), the Government of
Punjab notified that "all Saturdays of every month, instead of second and
last Saturdays only of each month, as earlier notified, shall be observed as
holidays in Government offices throughout the State of Punjab till further
orders." The Industries Department, however, issued an order, dated
9.6.1980 (Annexure P-2) directing that keeping in view the object/aim of
establishing different facilities centres run by it, their timings cannot be
linked completely with the timings of the Government offices, therefore,
"the present timings be continued". The aforementioned order followed
detailed instructions, dated 7.7.19X0 (Anncxure P-3). sent by the Director
of Industries to all the facilities centres explaining that these centres shall
remain open on Saturdays also (except the second and the last Saturday of
every month) and their timings will be from 8 a.m. to 5 p.m. with a lunch-
break from 1.30 p.m. to 2 a.m.
2-b. The petitioners having felt aggrieved at the above stated Government order
(Annexure P-2) and the instructions (Annexure P-3) represented against the
same. Their representation was favourably recommended by the Director of
Industries to the State Government on 5.8.1980 (Annexure P-4) on the
premise that since services of the employees working in the facilities centres
"and the employees working in other offices of the Government are
governed by the same CSR rules", the timings of the facilities centres be also
suitably changed like other Government offices. In another communication
(Annexure P-5) sent to the State Government, the Director of Industries
explained that as per the total working hours in a month, the employees
posted in the facilities centres were required to work for 176 hours as against
160 hours by employees of other offices. It appears that these recommendations
did not find favour with the State Government. Meanwhile, the
Punjab Government issued another notification, dated 11.12.1986 (Annexure
P-10) notifying the 'public holidays' to be observed in the public offices
under the Punjab Government during the calender year 1987. As per the
'schedule' appended to this notification all Saturdays, i.e., a total of 52 in
the said year, were to be observed as 'public holidays'. The Industries
Department, however, issued an order, dated 20.2.1987 (Annexure P-l 1)
which was sent telegraphically to the facilities centres, directing that
notwithstanding the Government Notification, dated 11.12.1986 (Annexure
P-10), "all Saturdays should be observed working days as usual."
(3.) Aggrieved at the aforementioned order (Anncxure P-l 1) that the petitioners have
approached this Court.;
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