109
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CM NO. 20332-CWP-2022 IN/AND
CWP NO. 27836 OF 2022
DATE OF DECISION: 20.12.2022
Dayanand and others ...Petitioners
Versus
State of Haryana and others ...Respondents
CORAM : HON'BLE MR. JUSTICE ARUN MONGA
Present : Mr. Ravi Sharma, Advocate,
For the petitioners.
Mr. Pankaj Middha, Addl. AG, Haryana.
ARUN MONGA, J. (ORAL)
CM NO. 20332-CWP-2022 For the reasons stated in the application, same is allowed and documents contained at Annexures P-5 and P-6 are taken on record, subject to all just exceptions.
MAIN CASE Petition herein, inter alia, is for issuance of a writ in the nature of mandamus directing the respondents to implement the directions issued vide order dated 22.08.2016 (Annexure P-1) in CWP-3424-1994 titled "Ram Kanwar and others v. State of Haryana" and subsequently in CWP No. 18849 of 2019 vide order dated 18.07.2019 (Annexure P-2) in letter and spirit and grant all benefits including gazetted holidays.
2. The controversy in hand is no longer res integra, as is borne out from judgment/order dated 18.07.2019 (Annexure P-5) rendered by 1 of 4 ::: Downloaded on - 22-12-2022 05:20:03 ::: my learned brother Amit Rawal, J., in CWP No. 18449 of 2019, as below:-
" This Court while sitting in service roster has come across many writ petitions whereby persons working as Drivers and Conductors, despite having represented to Department for grant of benefits while working on Saturdays, Sundays and other Gazetted Holidays as granted to other similarly situated employees compelled this Court to request Principal Secretary, Government of Haryana, Transport Department to be present in Court.
Mr. T.C. Gupta, Additional Chief Secretary, present in court, filed affidavit and drawn attention of this Court to para 4 of affidavit wherein it is stated that persons who are operational and technical staff i.e. work in field offices, as per decision rendered by this in CWP No.3424 of 1994 titled as 'Ram Kanwar and others Vs. State of Haryana and others' are allowed admitted benefits. Petitioners therein were granted three national holidays and five festival holidays as their services were governed by Haryana Transport Department (Group C) Haryana Roadways Service Rules, 1995. Rule 22 of the aforementioned Rules extracted in para 5 of affidavit envisages working hours, holidays and leaves, and same reads as under:-
"22. Working hours, holidays and leaves - The daily and weekly hours of work in case of operational staff and technical staff shall be prescribed in Factories Act, 1948 and in case of the staff other than the operational staff and technical staff, the same shall be, as prescribed in the Motor Transport Workers Act, 1961. As regards the operational staff and technical staff, pattern of Haryana Government will generally be followed."
The Factories Act, 1948 do not provide any provision with regard to entitlement of holidays not the Motor Transport Workers Act, 1961 applies to petitioners.
In view of aforementioned position, case of petitionerswould be governed by the Punjab Industrial Establishment (National and Festival Holidays and Casual and Sick Leave) Act, 1965. In this regard, Director, State Transport, Haryana, Chandigarh vide letter dated 16.07.2019 has issued instructions to all General Managers, Haryana 2 of 4 ::: Downloaded on - 22-12-2022 05:20:04 ::: Roadways, Senior Mechanical Engineers and GovernmentCentral Workshop, Chandigarh, Karnal, Hisar, Murthal & Rohtak and Flying Squad Officer, Delhi that petitioners and other similarly situated persons be granted aforementioned benefits and pending representations, if any, would be considered and decided within a period of three months. For the sake of brevity, relevant extract ofletter is reproduced herein below:-
"In this regard, the matter has been considered at the level of the Government and the following has beendecided:-
1. Haryana Transport Department (Group-C) HaryanaRoadways Service Rules, 1995, framed in exerciseofpowers conferred under Article 309 of ConstitutionofIndia and notified vide Notification dated 06.01.1995,are the rules governing the service conditions foroperational and technical staff in Haryana Roadways.Rule 22 of the Rules, 1995 prescribes the working hoursholidays shall be as prescribed in Factories Act, 1948.However, with regard to entitlement to holidays, there isno provision in the Factories Act, 1948 and the same isgoverned by Punjab Industrial Establishment (National& Festival Holidays and Casual and Sick Leave) Act,1965 under which an 'Industrial Establishment' meansany factory as defined in clause (m) of Section 2 of theFactories Act, 1948 or any place which is deemed to bea factory under sub-section 2 of Section 85 of that Act.As per Section 3 of the Act, 1965, there shall be three national holidays of one whole day on 26th January, 15thAugust and 2nd October and five other holidays on anyof the festivals specified in Schedule for operational andtechnical staff of Haryana Roadways, which shall bedeclared in the beginning of calendar year. Therefore,the technical and operation staff is not entitled for otherleaves/holidays as granted in case of other Departments in the State."
Keeping in view aforementioned stand, Departmentintends to redress grievance of petitioners and all other affected persons to whom benefit is to be extended, I dispose of writ petition with direction to abide by instructions annexed with 3 of 4 ::: Downloaded on - 22-12-2022 05:20:04 ::: affidavit and take decision in a most pragmatic and reasonable manner and if necessityarises, an opportunity of personal hearing to affected persons can also be afforded.
In view of aforementioned observations and undertakinggiven in affidavit, writ petitions are disposed of."
3. In view of the aforesaid, no ground for any further interference is made out.
4. The petitioners are at liberty to seek implementation of the impugned order in accordance with law. Disposed of accordingly.
DECEMBER 20, 2022 (ARUN MONGA) Shalini JUDGE
Whether speaking/reasoned : Yes/No Whether reportable : Yes/No 4 of 4 ::: Downloaded on - 22-12-2022 05:20:04 :::