JUDGMENT :

1. The point that arises for consideration in this petition concerns the meaning and scope of the term ‘Minimum Salary’ and arises under the following circumstances.

2. The Petitioners (claimants) in this case were first employed by the Road Transport Corporation at the Barkatpura depot as ‘casual drivers’ in 1965 and later from 1-2-66 onwards as “Retainers” on a consolidated retainer fee of Rs. 30/- p.m. As per the terms of employment, in the event of each of them performing duty as a Driver he will be paid at the rate of the difference between the retainer fee of Rs. 80/- and the minimum salary of a driver Gr. II. The other term with which we are not now concerned, is that they will be eligible to a night out allowance if he proceeds on duty as a driver on a night-out service. The salary of Gr: II driver was Rs. 100/- dearness allowance of Rs. 55. H.R.A. of Rs. 10/- and washing allowance Rs. 22/-. Whenever they worked as drivers they have been paid the difference between the retainer fee of Rs. 80/- and the total emoluments of Gr. II driver including D.A. and other allowances from February, 1966 to August 1966 and there-after the allowances were not taken into account