- (1.)This is an appeal under Clause X of the Letters Patent for setting aside order dated 7.9.1995 passed by the learned Single Judge in C.W.P. No. 15033 of 1991 for payment to the respondent salary and allowances at par with regular employees with effect from the date of his employment/engagement.
(2.)Respondent-Subhash was engaged as Beldar on 1.2.1988 by Executive Engineer, Provincial Division No. 3, PWD B&R (National Highway), Karnal on daily wages. After about 3 years, he filed writ petition for directing the respondents to prepare a seniority list of daily wage employees and confer upon them permanent status and also pay him salary in the regular time scale with effect from the date of entry in the service. He claimed that he had been engaged against a regular vacant post and the departmental authorities were adopting unfair labour practice as defined under Section 2(ra) of the Industrial Disputes Act, 1947 and are exploiting the workmen by paying them fixed wages despite the fact that the duties performed by them are similar to those of regular employees.
(3.)In the written filed on behalf of the appellants, it was averred that the petitioner (respondent herein) was engaged on daily wages w.e.f. 1.9.1988 and not on 1.2.1988, as claimed by him. It was further averred that he was never engaged against any regular or vacant post. The allegation of exploitation was denied by asserting that the employees engaged on muster roll were paid daily wages and they are not entitled to salary at par with regular employees. Along with the written statement, the appellants annexed statement showing the total period of work done by the respondent from September, 1988 to July, 1991, a reading of which shows that in some months, he had worked from 23 to 30 days and in other months, he had worked from 3 to 15 days.