LexSAT PAL PURI versus PUNJAB STATE ELECTRICITY BOARD & ORS.
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(2008] 3 S.C.R. 215 _; r SAT PAL PURI A v. PUNJAB STATE ELECTRICITY BOARD & ORS. (Civil Appeal No. 2235 of 2008) FEBRUARY 21, 2008 B " (S.B. SINHA AND V.S. SIRPURKAR, JJ.) Labour Laws: Industrial Disputes Act, 1947; S. 33-C(2)/Electricity c . Supply Act, 1948; Ss. 12 & 79(c) and Circulars dated April 5, 1972 and October 27, 1986 issued by the Punjab State I Electricity Board: Parity in remuneration - Employees belonging to •4 !' technical service Grade~/// and performing field duties - D Claiming parity in remuneration for working on Saturdays and Sundays in terms. of decision of Supreme Court in Municipal Employees Union vs. State of Punjab - Held: In terms of Circular dated April 5, 1972 issued by the Board, the technical field staff entitled to certain holiday as indicated therein - E Another Circular issued by the board declaring that the Offices of the Board shall remain closed on Saturdays and Sundays - But the said Circular not applicable to the employees in ,.; question - In terms of judgment of Supreme Court in Municipal Employees Union's case, employees were ordered to claim F - extra wages for working on Saturdays and Sundays and could file application uls,33(c) of the 1947 Act provided they were not governed by any statutory Rules - But employees in question governed by Regulations framed uls. 79(c) of 1948 Act - Hence, they could not file application u/s. 33-C of the Act to claim benefit in terms of the said decision of the Supreme G Court - Rule of Precedent - Applicability of. °"+ Appellant-employees filed a writ petition before the Punjab and Haryana High Court claiming parity in the 215 H 216 SUPREME COURT REPORTS (2008] 3 S.C.R. " A matter of remuneration for working on Saturdays and Sundays in terms of the decision of this Court in Municipal employees Union (Regd.) Sirhind & Ors. vs. State of Punjab & Ors., wherein it was opined that in the absence of any express provision to the contrary in Municipal bye-laws, B the octroi staff could not be denied the benefit of non- working Saturdays; that factual foundation for such claim was required to be established; and that in the event if ' the employees had filed applications under Section 33-C (2) of the Industrial Disputes Act, the same may be c entertained. Disposing of the appeals, the Court HELD: 1.1 From the Circular letter dated 5.4.1972 issued by the Punjab State Electricity Board, it appears D that technical field staff would be entitled to the holidays in a calendar year as stipulated therein. (Para - 8) [219-F] "" • 1.2 The Circular dated 27.10.1986 issued by the Punjab S~ate Electricity Board declaring that the offices of the Electricity Board shall remain closed on all the E Saturdays and Sundays, would clearly show that the same would be applicable only in respect of the officers and employees working in the office of the Electricity Board and not the Field Staff. The Circular dated 5.4.1972 has not been repealed by Circular letter dated 27.10.1986. In ~ F view of the fact that the technical staff of the Board are governed by Regulations framed under Section 79(c) of the Electricity Supply Act, 1948, the appellants do not have any existing legal right so as to enable them to file an application under Section 33-C(2) of the Industrial G Disputes Act, 1947. (Paras - 10 & 11) [220-C, D, E] 1.3 E.ven in Municipal Employees Union's case, this Court opined that the octroi staff could be entitled to the ~1 said benefit of non- working Saturdays, were entitled to extra wages in lieu thereof, if they are not governed by H any of the rule. In case, the appellants being governed by I SAT PAL PURI v. PUNJAB STATE ELECTRICITY 217 -' ( BOARD & ORS. [S.B. SINHA, J.] statutory rules, th.ey would not be entitled to file A applications under Section 33-C(2) of the 1947 Act. Hence, the impugned judgment and order of the High Court does not suffer from any legal infirmity. (Paras - 12 & 13) [220-F, G, H; 221-A] Municipal Employees Union (Regd.) & Ors. vs. State of B ' Punjab & Ors. (2000) 9 SCC 432 - referred to. CIVILAPPELLATE JURISDICTION: Civil Appeal No. 2235 of 2008. From the final Judgment I Order dated 11/3/2003 of the c High Court of Punjab and Haryaria at Chandigarh in R.A. No. 64/2003 in C.W.P. No. 19838/2002. WITH ~ r Civil Appeal Nos. 6097/03, 6602/03, 6599/03, 6938/03, D 7980/03, 7981/03, 6106/03, 6601/03, 6597/03, 6939/03, 6594/ 03, 7982,
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