Sitaram vs Principal Secretary, Govt. of M.P. PWD Mantralaya and Another

Hon''ble Shri N.K. Mody, J.—This order shall also govern the disposal of WP.Nos.3339/12 to 3349/12, 3369/12, 3371/12 to 3377/12, 3386/12 to 3400/12, 3415/12 & 3416/12 as question involved in all the petitions is identical in nature. The prayer in the petition is to set aside the order dated 27/02/12 passed by respondent No.2 and to grant other reliefs.

Learned counsel for the petitioner submits that the petitioner in all the petitions were inducted in the employment w.e.f. 01/10/74. It is submitted that the State Government sanctioned 1220 posts. It is submitted that the petitioners in all the petitions approached the labour Court in reference Case No.72/03 and vide award dated 18/03/04 the labour Court classified the status of the petitioners in all the petitions as permanent under the standard standing orders. It is submitted that in compliance of the award passed by the labour Court the State Government issued the order dated 07/03/05, whereby petitioners in all the petitions were classified under the standard standing orders as per Annexure D/1. It is submitted that thereafter on the request of State Government, Labour Court in Reference No.32/06 vide order dated 22/09/06 directed the respondents to make payment of par with pay scale sanctioned for the permanent employees and determined the amount of arrears. It is submitted that thereafter against this order, respondents approached this Court in WP.No.9373/10(s), in which the order dated 22/09/06 passed by Labour Court was maintained and the writ petition filed by the respondents was dismissed. It is submitted that the order passed by this Court was also challenged before Hon''ble Apex Court in SLP, which was also dismissed vide order dated 16/01/12. It is submitted that inspite of orders passed by the Labour Court, which was upheld upto Supreme Court, the arrears has not been paid to the petitioners in all the petitions. It is submitted that earlier the arrears were paid to the petitioners in all the petitions up to April, 2007, but for no reason the arrears has not been paid w.e.f. May, 2007. It is submitted that the petition be allowed and necessary directions be issued.

Learned counsel for the respondents submits that the Public Works Department''s Manual which is binding on the department provides for three categories of Labour (i) Daily Wagers (ii) Classified as permanent and (iii) Work Charge Contingency Paid Employees and apart from that the regularly appointed employees/labours are also working and as per the circular dated 01/11/04 employees classified as permanent will not be eligible to get the regular pay scale/wages at per with the regular employees. It is submitted that the claim of the petitioner was considered and was rejected by the respondents vide order dated 01/12/97. It is submitted that as per order dated 01/12/97 the case of those employees can be considered for regular pay scale who have completed the service of 25 years. It is submitted that since the petitioners in any of the petition have not completed the service of 25 years, therefore, the petitions are not eligible for regularisation or for regular pay scale as per Annexur D/1. It is submitted that the petition be dismissed.

From perusal of the record it is evident that in award dated 18/03/04 passed by Labour Court, Indore it was specifically held that the petitioner in all the petitions are entitled for permanent classification and are also entitled for the benefits as permanent employee. Again the matter was before the Labour Court and the Labour Court directed that all the 56 employees are entitled for the benefit which are available to the permanent employees. These orders were maintained up to Hon''ble Supreme Court. The payment has also been made to the petitioner up to April, 2007. In the matter of State of Madhya Pradesh and Others Vs. Hariram and Others, wherein employee was classified as permanent on the post of Chowkidar, this Court held that upon classification an employee is entitled to get the pay-scale of the post on which he has been classified as permanent. In the matter of Rupram Yadav Vs. State of M.P., 2010 LLR 1065 this Court held that after classification employee is entitled to get regular pay scale of the said post.

In the facts and circumstances of the case, petition filed by the petitioner is allowed and the order Annexure P/2 dated 27/02/12 passed by respondent No.2 is quashed with a direction to the respondents to pay the salary and other benefits, which is payable to regular employee. Needful be done within a period of two months positively, without fail. With the aforesaid observations, petition stands disposed of. Copy of the order be placed in the record of connected petitions.