JUDGMENT

S.B. SINHA

Leave is granted in the SLPs.

Appellants filed a writ petition before the Punjab and Haryana High Court at Chandigarh claiming parity in the matter of renumeration 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., (2000) 9 SCC 432, wherein it was opined that in the absence of any express provision to the contrary in Municipal bye- laws, the octroi staff could not be denied the benefit of non-working Saturdays and, thus, when required to work on such Saturdays, they could be granted extra wages in lieu thereof. However, this Court further opined that factual foundation for such claim was required to be established. It was also opined that in the event if the employees had filed applications under Section 33C(2) of the Industrial Disputes Act, the same may be entertained.

The Division Bench of the High Court in some cases even without notice, allowed the writ applications filed by the workmen opining that the State of Punjab cannot deny the said benefit to the employees of other departments. Respondent-Punjab State