- (1.) THIS petition is filed by a Union registered under the Indian Trade Unions Act, bearing Registration No. 86 the Registration having been made on August 6, 1986. Its members comprised of the employees of the Public Health Engineering Department, working in the State of Rajasthan. This is alleged to be a representative petition on behalf of workmen who are members of the Union and whose names are mentioned in the Schedule attached to the petition.
(2.) ON September 1, 1986 a Circular was issued by the Government stating that these employees, who are members of the petitioner-Union were not entitled to payment for weekly holidays and the payments already made should be recovered. These Circulars are impugned in this petition.
(3.) IT will be worthwhile to note the prayers verbatim. " (a) The respondents be directed to pay to the workmen mentioned in the Schedule, salary in the regular pay scale on and from the date they came in service and regularise their payment. The Respondents be also directed to give them all benefits which are being given to the regular employees. If for giving this relief, Sub-rule 2 and Sub-rule 3 of Rule 3 of the Rules are considered to be of any impediments, the said sub-rules may be declared to be illegal and may be struck-down. (b) Further, the respondents be restrained from making any recoveries of payments made for weekly holidays and they may be directed to continue to make payment for weekly holidays to the said workmen. (c) For giving aforesaid relief, circulars dated September 1, 1986, March 17, 1983 and March 27, 1982 may be struck-down. (d) If for any reason any recoveries are made from the wages of the workmen, the Respondents be directed to refund the same to them with interest @ 18% per annum. Further to this if wages for weekly holidays are denied hereafter, the respondents be directed to pay the wages to the workmen with interest @ 18% p. an. (e) The petitioner Union be awarded a sum of Rs. 3,000/- as cost of this writ petition. ";