Citation : 2024 Latest Caselaw 8430 P&H
Judgement Date : 22 April, 2024
CWP-8773-2024 2024:PHHC:053648 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
130
CWP-8773-2024
Date of decision: 22.04.2024
Gurjant Singh and others
....Petitioners
Versus
State of Punjab and others
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. Rahul Bhargava and Mr. Tanveer Singh, Advocates for the petitioners.
***** AMAN CHAUDHARY. J (Oral)
1. The prayer made in the present petition is for directing the
respondents to grant equal pay to the petitioners, who are working on contract
basis since 2015 and to count their period of service during which they
worked on outsourcing basis.
2. Learned counsel would submit that the petitioners, who were
working as Conductors from 2007 to 2010, appointed on regular basis after
outsourcing and thereafter since 2015 on contractual basis pursuant to an
advertisement having been issued, are claiming equal pay for equal work in
terms of judgment in the case of State of Punjab and others vs. Jagjit Singh
and others, 2016 (4) SCT 641. He further submits that one similar employee
working as Traffic Manager has been granted the said benefit vide order dated
13.07.2023. In this regard, a legal notice dated 08.09.2023, Annexure P-6,
has been served upon the respondents, which has yet not evoked any response.
He thus, at this stage, on instructions, submits that the petitioners are sanguine
of it being considered in a positive manner, in case, a direction is given to the
respondents to decide the same in a time bound manner by granting them an
integrity of this order/judgment
opportunity of hearing.
3. Notice of motion.
4. At the asking of the Court, Mr. Gagneshwar Walia, Addl. A.G.,
Punjab accepts notice on behalf of the respondent-State and has no objection
to the limited prayer made.
5. In view of the above and without commenting upon the merits of
the case, this petition is hereby disposed of with a direction to the respondents
to decide the legal notice dated 08.09.2023, Annexure P-6, within a period of
six months, which this Court has no reason to believe the authorities would
not address in a just, fair and reasonable manner. Upon doing so, after notice
and hearing offered to them and if found entitled, grant the benefit forthwith.
Needless to say, if the orders are adverse to their interest, the same shall
contain reasons and the petitioners shall be free to seek legal redress
thereupon.
(AMAN CHAUDHARY)
JUDGE
22.04.2024
Hemant
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
integrity of this order/judgment
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