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2018 DIGILAW 3704 (PNJ)

State Of Punjab v. Ajit Singh

2018-08-30

SHEKHER DHAWAN

body2018
JUDGMENT Shekher Dhawan, J. - Present writ petition under Articles 226 and 227 of the Constitution of India is challenge to the order dated 12.08.2013 (Annexure- P5) passed by Industrial Tribunal, Bathinda (for short, 'the Tribunal'), whereby on an application under Section 33-C(2) of the Industrial Disputes Act, 1947, the Tribunal allowed the claim of wages for working on Saturdays and the petitioner-department was directed to calculate and pay the amount within a period of three months from the date of receipt of certified copy of the order, failing which the workman was held to charge interest on the due amount @ 6% per annum from the date of order. 2. At the time of arguments, learned State counsel representing the petitioners has contended that the controversy involved in the present writ petition is squarely covered as per the decision of this Court in CWP No.8815 of 2017 - 'State of Punjab and others v. Madhu Sharma and others' decided on 10.07.2018 wherein, while placing reliance upon the decision dated 26.04.2016 of Hon'ble Division Bench of this Court LPA No.1178 of 2015, Nagar Council, Samrala v. Ram Sanjeevan and others and judgment of a Co-ordinate Bench of this Court in Municipal Corporation Patiala through its Commissioner v. Presiding Officer, Labour Court, Patiala and another, 2018(1) SCT 478 , it was held that the field staff is not entitled to wages for working on Saturdays. 3. At the time of hearing on 24.08.2018 and earlier on 01.08.2018, 22.12.2017 and 31.08.2017 also, there was no representation on behalf of respondent No.1-employee. 4. In view of the above, the present writ petition stands allowed in terms of judgment dated 10.07.2018 of this Court passed in CWP No.8815 of 2017 - 'State of Punjab and others v. Madhu Sharma and others '. The impugned order dated 12.08.2013 (Annexure-P5) passed by learned Tribunal is set aside.