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2025 DAILYLAW 45362 (PNJ)

BIKRAM SINGH & ORS v. STATE OF PUNJAB & ORS

CWP/10271/2009 · 2025-05-19

Aman Chaudhary

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Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT 1206 Bikram Singh and others State of Punjab and others CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY Present: None Mr. *** AMAN CHAUDHARY, J. (Oral) 1. Prayer made in the present petition for payment of extra wages for working on Saturdays. 2. Learned State counsel refers to preliminary submission of the counter affidavit filed by the Director, Hospitality Department, Punjab, reads thus:- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-10271 Date of decision: 19.05.2025 Bikram Singh and others ..Petitioners Versus Punjab and others ..Respondents HON'BLE MR. JUSTICE AMAN CHAUDHARY None for the petitioner. Mr. Charanpreet Singh, AAG, Punjab *** AMAN CHAUDHARY, J. (Oral) Prayer made in the present petition for payment of extra wages for working on Saturdays. Learned State counsel refers to preliminary submission of the counter affidavit filed by the Director, Hospitality Department, Punjab, “1. That the Answering Respondent No.2 is the head of the Hospitality Department, Punjab and the working of the Hospitality Department is under the direct control No. 1. To attend to the VIPs ie. MLAs of the State of Punjab or VIPs of Central Government, the State Government had opened MLAs Hostel, Punjab in Sector smooth running of the MLAs Hostel and to cope with the need of the VIPs, the State of Punjab had opened Canteen within the Premises of the MLAs Hostel to meet the day to day requirements of the VIPs and arrange functions of the VIPs. 2. That the State Government had appointed Class IV employees for the smooth running/functioning of the Canteen of MLAS Hostel, Punjab and to cope up with the needs of the VIPs. The Class-III employees are required to perform duty for 8 hours i.e. from 9.00 a.m. to 5.00 p.m. (with½ hours of lunch break) and for Class-IV employees, the present petitioners, they are working for eight hours although they are to be available for duty on 24 hours basis as per exigency of work. On the other hand in the Circuit Houses, the duties are of 15 with six days week and at the time of duty the Government provides the Class-IV employees with Tea/Simple Lunch/Dinner IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 10271-2009 (O&M) Date of decision: 19.05.2025 ..Petitioners ..Respondents HON'BLE MR. JUSTICE AMAN CHAUDHARY Charanpreet Singh, AAG, Punjab. Prayer made in the present petition for payment of extra wages for Learned State counsel refers to preliminary submission of the counter affidavit filed by the Director, Hospitality Department, Punjab, which 1. That the Answering Respondent No.2 is the head of the Hospitality Department, Punjab and the working of the Hospitality Department is under the direct control of Respondent No. 1. To attend to the VIPs ie. MLAs of the State of Punjab or VIPs of Central Government, the State Government had opened MLAs Hostel, Punjab in Sector-4, Chandigarh. That for the smooth running of the MLAs Hostel and to cope with the need of the VIPs, the State of Punjab had opened Canteen within the Premises of the MLAs Hostel to meet the day to day requirements of the VIPs and arrange functions of the VIPs. 2. That the State Government had appointed Class-III and Class the smooth running/functioning of the Canteen of MLAS Hostel, Punjab and to cope up with the needs of the III employees are required to perform duty for 8 hours i.e. from 9.00 a.m. to 5.00 p.m. (with½ hours of lunch employees, the present petitioners, they are working for eight hours although they are to be available for duty on 24 hours basis as per exigency of work. On the other hand in the Circuit Houses, the duties are of 15-16 hours daily, at the time of duty the Government IV employees with Tea/Simple Lunch/Dinner Prayer made in the present petition for payment of extra wages for Learned State counsel refers to preliminary submission of the which 1. That the Answering Respondent No.2 is the head of the Hospitality Department, Punjab and the working of the of Respondent No. 1. To attend to the VIPs ie. MLAs of the State of Punjab or VIPs of Central Government, the State Government had opened 4, Chandigarh. That for the smooth running of the MLAs Hostel and to cope with the needs of the VIPs, the State of Punjab had opened Canteen within the Premises of the MLAs Hostel to meet the day to day III and Class- the smooth running/functioning of the Canteen of MLAS Hostel, Punjab and to cope up with the needs of the III employees are required to perform duty for 8 hours i.e. from 9.00 a.m. to 5.00 p.m. (with½ hours of lunch employees, the present petitioners, they are working for eight hours although they are to be available for duty on 24 hours basis as per exigency of work. On the other 16 hours daily, at the time of duty the Government IV employees with Tea/Simple Lunch/Dinner ASHOK KUMAR 2025.05.19 17:34 I attest to the accuracy and integrity of this document CWP-10271-2009 (O&M) -2- from time to time. It is nowhere mentioned in the appointment terms that Class-IV employees, ie, the present petitioners are entitled for five days week. But it is mentioned in the appointment letter i.e. Annexure R-1, to meet day to day requirements of the VIPs, that they are required to work for 24 hours basis, whereas they are performing duties in shifts i.e. from 6.00 a.m. to 2.00 p.m. and from 2.00 p.m. to 10.00 p.m. They are performing duties only for 8 hours and with six days a week. Hence the nature of duties of Class-IV employees of Hospitality Department working in MLAs' Hostel is different from that of the Class-IV employees of Hospitality Department working in Civil Secretariat/Mini Secretariat and thus, the writ petition deserves to dismissed on this sole score.” 3. To the aforesaid, there is no counter filed on behalf of the petitioner. 4. Disposed of, reserving the petitioner with a liberty to get it revived, by demonstrating that the lis still survives. ( AMAN CHAUDHARY ) 19.05.2025 JUDGE ashok Whether speaking/reasoned : Yes/No Whether reportable : Yes/No ASHOK KUMAR 2025.05.19 17:34 I attest to the accuracy and integrity of this document