Advocates Appeared:
Mr. Anurag Goyal, Advocate, Amicus Curiae.
Mr. D.S. Patwalia, Senior Advocate, Amicus Curiae, with Ms. Alisha Sharda, Advocate.
Mr. Baltej Singh Sidhu, Senior Advocate, with Mr. Divij Datt & Mr. Chandan Singh, Advocates; For the Petitioner(s) in CWP Nos. 02603, 02627, 02636, 02645 and 05376 of 2023.
Mr. G.S. Attariwala, Senior Advocate, with Mr. Vansh Chawla, Advocate; For the Petitioner(s) in CWP No. 08414, 08417, 08419, 08420, 08423, 08424, 08478 and 08882 of 2014, 01530, 01723, 01727 and 01747 of 2015.
Mr. Sanjeev Soni, Ms. Vikramjit Kaur Soni, & Mr. Sarthak Soni, Advocates; For the Petitioner(s) in CWP Nos. 23551 and 23935 of 2014, 03920, 04088, 04111, 04120, 04121, 0412, 04126, 04127, 04139, 04268, 04278 to 04288, 04378, 04385, 04386, 04389, 04390, 04409, 04430, 04431, 04523, 04524 to 04527, 04543, 04544, 04545, 04559 to 04561, 04581, 04598, 04937, 04976, 04982, 05008, 06187, 06211 and 06788 of 2015, 15950, 16286, 16287, 16463, 16467, 16517 to 16522, 16609 to 16614, 16692 to 16717, 18117, 18298, 19267, 25726, 25728 to 25732, 25734 and 25735 of 2016, 04623, 04624, 05619 to 05629, 05666, 05748, 05768, 05775 and 24422 of 2017, 07633 of 2018. for Respondent Nos. 1 & 2 in CWP Nos. 06535 to 06573, 07356, 07359, 07361, 07363, 07364, 07366, 07368, 07370, 07372 to 07376 of 2017; and for Respondent No. 2 in CWP No. 06235 of 2015.
Mr. R.K. Arora & Mr. Jugam Arora, Advocates; For the Petitioner(s) in CWP No. 14253 and 17042 of 2002, 09719, 12561 and 12605 of 2013, 20647 of 2015, 06535 to 06573, 07356, 07359, 07361, 07363, 07364, 07366, 07368, 07370, and 07372 to 07376 of 2017. for Respondent No. 1 in CWP Nos. 04697, 04960, 08414, 08419, 08420, 08423, 08424, 08478 and 08882 of 2014. for Respondent Nos. 1 to 3 in CWP No. 17714 of 2013; for Respondent Nos. 1 to 5 in CWP Nos. 17715, 17718, 17730, 17735, 17751 and 17816 of 2013; for Respondent Nos. 2 to 5 in CWP Nos. 24168 and 24176 of 2013; for Respondent Nos. 2 to 15 in CWP No. 24167 of 2013; for Respondent Nos. 2 to 18 in CWP No. 09011 of 2013; for Respondent Nos. 2 to 48 in CWP No. 25193 of 2013; for Respondent Nos. 1 to 178 in CWP No. 22328 of 2011; for Respondent Nos. 2 to 182 in CWP No. 21510 of 2013; and for Respondent Nos. 1 to 10, 12 to 27, 29 to 33, 35 to 40, 42, 43, 45 to 47 in CWP No. 18083 of 2013.
Mr. Ashok Kumar Bazaz, Advocate; For the Petitioner(s) in CWP Nos. 21211 and 26154 of 2015, 16319, 17179 and 17965 of 2018; and 18743 of 2023.
Mr. Rajveer Singh Parmar, Advocate; For the Petitioner(s) in CWP Nos. 20708 and 20709 of 2014, 04600 of 2015, 16743 and 28835 of 2017.
Mr. Mukesh Berry, Advocate; For the Petitioner(s) in CWP Nos. 19410, 19411, 19412, 19413, 19414, 19415, 19416, 19417, 19418, 19419, 19420, 19421, 19422, 19423, 19424, 19425, 19426, 19427, 19428, 19429 and 19430 of 2014.
Mr. Sanjeev Sharma, Advocate; For the Petitioner(s) in CWP Nos. 18083 of 2013; 08315, 08316, 10464, 10472, 10478, 10720 and 10998 of 2014; 02231, 02260, 07207 and 07209 of 2015, 11889 and 20564 to 20571 of 2016.
Mr. Arunjeet Singh Kakkar, Advocate; For the Petitioner(s) in CWP Nos. 16982 and 25325 of 2016.
Mr. Anupam Singla, Advocate; For the Petitioner(s) in CWP No. 10614, 10617, 10672, 16114, 16116, 16117, 16123, 16273 and 16274 of 2013.
Mr. Hardial Singh Baath & Mr. Sarvjeet Singh Thakur, Advocates; For the Petitioner(s) in CWP No. 17221 of 2013.
Mr. Pawan Kumar Goklaney & Mr. Ashish Goklaney, Advocates; For the Petitioner(s) in CWP Nos. 06204, 06235, 06245, 06255 and 06725 of 2015. for Respondent No. 2 in CWP Nos. 19414 and 19415 of 2014, 16982 of 2016, 28835 of 2017; for Respondent Nos. 2 to 4 in CWP No. 20708 of 2014; and for Respondent Nos. 2 to 6 in CWP No. 19429 of 2014.
Mr. G.S. Bal, Senior Advocate, with Mr. Dilshad S. Gill, Advocate, for Respondent No. 1 in CWP Nos. 11889, 20564 to 20568 and 20571 of 2016; for Respondent Nos. 1 to 5 in CWP Nos. 10472 of 2014, and 02260 of 2015; and for Respondent Nos. 1 to 64 in CWP No. 07209 of 2015.
Mr. Vikas Chatrath & Mr. Rajbir Singh, Advocates, for Respondent Nos. 2 to 8 in CWP No. 10614 of 2013; for Respondent Nos. 1 & 2 in CWP No. 10617 of 2013; for Respondent Nos. 2 to 8 in CWP No. 10672 of 2013; for Respondent Nos. 1 to 4 in CWP No. 16114 of 2013; for Respondent Nos. 1 to 7 in CWP Nos. 16116, 16123 and 16274 of 2013; for Respondent Nos. 1 to 15 in CWP No. 16117 of 2013; for Respondent Nos. 1 to 18 in CWP No. 16273 of 2013.
Mr. V.K. Shukla & Mr. Ashish Gupta, Advocates, for Respondent No. 1 to 5 in CWP No. 16031 of 2013; for Respondent No. 2 in CWP Nos. 02603, 02636, 02645 and 04062 of 2013; for Respondent Nos. 1 to 3 in CWP Nos. 11418, 13170, 16017 and 16944 of 2013; for Respondent Nos. 1 to 4 in CWP No. 16034 of 2013; for Respondent Nos. 1 to 6 in CWP No. 16015 of 2013; for Respondent Nos. 1 to 7 in CWP No. 16945 of 2013; for Respondent Nos. 2(i) & 2(ii) in CWP No. 02627 of 2023; and for Respondent Nos.1 & 2 in CWP No. 11460 of 2013.
Mr. Sharwan Sehgal & Ms. Mehak Sharma, Advocates, for Respondent No. 1 in CWP No. 17179 of 2018; for Respondent Nos. 1 to 19, 21 to 27, 29, 31, 33 to 49, 51 to 235 in CWP No. 26154 of 2015; for Respondent Nos. 1 to 3, 7 to 15, 17, 19, 20, 22, 23, 25, 27, 28, 29, 31, 32, 34 to 37, 39, 42 to 46, 48 to 50, 52, 53, 55, 58 to 62, 65, 66, 68, 70, 73 to 79, 82 to 84, 92 to 94, 96, 98, 99, 101, 102 & 104 in CWP No. 09306 of 2014; for Respondent Nos. 1 to 40 in CWP No. 22791 of 2016; and for Respondent Nos. 1 to 49 in CWP No. 21211 of 2015.
Mr. Vivek Aggarwal, Advocate, for Respondent Nos. 1 to 93 in CWP No. 07939 of 2014; for Respondent Nos. 1 to 18 in CWP No. 07946 of 2014; for Respondent Nos. 2 to 36 in CWP No. 21702 of 2012; for Respondent Nos. 2 to 182 in CWP No. 21510 of 2013; for Respondent Nos. 1 to 178 in CWP No. 22328 of 2011; for Respondent No. 2 in CWP No. 04062 of 2013.
Mr. Rajiv Sharma (Hisarwale), Advocate, for Respondent No. 3 in CWP No. 14253 of 2002; for Respondent No. 4 in CWP Nos. 06204, 06245, 06255 and 06725 of 2015; and for Respondent No. 5 in CWP No. 17042 of 2002.
Mr. Neeraj Sharma, Advocate, for Respondent No. 1 in CWP Nos. 08696, 08699, 08700, 08703, 08705, 08707, 08708, 08709, 08711, 08712, 08714, 08715, 08716, 08718, 08719, 08721, 08722, 08723, 08725, 08726 of 2019.
Mr. Chandan Deep Singh, Advocate, for Respondent No. 1 in CWP Nos. 16319 of 2018 and 18743 of 2023; and for Respondent Nos. 1 to 5, 8, 12, 13, 15, 18 to 20, 22 to 26, 30, 31, 34, 36, 38 to 41, 44, 46, 47, 49 & 50 in CWP No. 17965 of 2018.
Mr. Inderjit Sharma, Advocate, for Respondent No. 1 in CWP Nos. 25518 and 15872 of 2012; and 00428 of 2013; and for Respondent No. 2 in CWP Nos. 04069, 04075, 04076, 04086 of 2013, and CWP No. 04088 of 2015.
Mr. Sukhmani Patwalia, Advocate, for Respondent No. 4 in CWP No. 17042 of 2002.
Mr. Surinder Garg, Advocate, for Respondent No. 44 in CWP No. 18083 of 2013.
Mr. Satya Pal Matto & Mr. Ravi K. Matto, Advocates, for Respondent Nos. 1 to 13, 15 to 20, 22 & 23 in CWP No. 01747 of 2015.
Mr. Manu K. Bhandari, Advocate, for Respondent Nos. 1 to 46 in CWP No. 16020 of 2013.
Mr. Khushpal Singh Dhanju, Advocate, for Respondent Nos. 1 to 5 in CWP Nos. 09955 and 09973 of 2015.
Mr. K.P. Singh & Ms. Amandeep Kaur, Advocates, for Respondent Nos. 1 to 5, 7 to 12, 14, 17, 22 & 26 to 28 in CWP No. 27408 of 2016.
Mr. P.S. Khurana & Mr. Navrajdeep Singh, Advocates, for Respondent Nos. 11, 13, 15 & 18 to 26 in CWP No. 13715 of 2017.
Mr. Amarjit Singh, Advocate, for Respondent Nos. 2 to 154 in CWP No. 04598 of 2015.
Mr. Vijay Kumar Kaushal, Advocate, for Respondent Nos. 3 & 4 - Punjab Water Supply & Sewerage Board in CWP No. 19410 of 2014.
Mr. Arun Kumar Kaundal, Advocate; For the Petitioner(s) in CWP No. 09011 of 2013. for Respondent Nos. 2 & 3 in CWP No. 09719 of 2013.
Mr. H.R. Bhardwaj, Advocate, for Respondent No. 1 in CWP No. 01723 of 2015; and for Respondent Nos. 1 to 19 in CWP No. 01530 of 2015.
Mr. Munish Puri & Mr. Amrit Paul Nahar, Advocates, for Respondent No. 1 in CWP No. 10490 of 2018.
Mr. Arshdeep & Mr. Yashpal Thakur, Advocates, for Respondent No. 1 in CWP No. 15817 of 2016.
Mr. Surinder Gaur, Advocate, for Respondent No. 2 in CWP No. 16743 of 2017.
Mr. Kannan Malik, Advocate, for respond
JUDGMENT
Sanjay Vashisth, J.
Introduction
This judgment will decide the fate of CWP No. 06535 of 2017 and other 510 writ petitions, filed under Articles 226/227 of the Constitution of India.
For their case/writ petition numbers and case-titles, see Annexure 'A'of the judgment.
Broad Issue Involved
2. The question that arises for adjudication in these 511 Civil Writ Petitions is -
"As to whether the employees of different departments/offices of the State of Punjab are entitled to be paid extra wages or not, for the duty performed by them on Saturday, which otherwise is a non-working day being holiday, as there is a concept of working of five days in a week in the Public Offices in the State of Punjab".
3. The employees, who have worked on Saturdays/holiday period, had claimed for 'extra wages', before the Industrial Tribunal(s), as a matter of right, by filing applications under Section 33C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the ID Act'). As a result of the adjudication of such applications, which were filed by the employees, and passing of orders by the respective Industrial Tribunals, these writ petitions have come up for hearing and decision thereon before this Court.
Details of which have been mentioned in subsequent part of this judgment.
4. In the cases, where the Industrial Tribunals have accepted the plea/claim of the employees, such respective departments/offices have come up before this Court by way of filing writ petitions (447 writ petitions out of total 511), while in the other set of cases, it is the employees, who have approached this Court after declining of their respective claims by the Industrial Tribunals (62 writ petitions out of total 511).
There is another set of 02 writ petitions, where the employees of Nagar Council, Kapurthala and Municipal Council, Kotkapura, have filed writ petitions, i.e. CWP Nos. 14253 of 2002 and 17042 of 2002, respectively, under Articles 226/227 of the Constitution of India, for issuance of a writ in the nature of mandamus, by directing the official respondents therein to pay the petitioners extra wages, in lieu of duty performed by them on Saturdays. Needless to mention that in these two cases, the employees have not approached the Industrial Tribunals by moving applications under Section 33C(2) of the ID Act.
Provision of Section 33c of The Id Act
5. Since, the whole controversy involved in all the writ petitions in hand, revolves around Section 33C(2) of the ID Act, it is imperative for this Court to notice at the outset, bare provisions of Section 33C of the ID Act as a whole, and its sub-section (2) in specific.
For ready reference, Section 33C of the ID Act, in its totality is reproduced here-below:
"33C. Recovery of money due from an employer.-
(1) Where any money is due to a workman from an employer under a settlement or an award or under the provisions of 6 [Chapter VA or Chapter VB], the workman himself or any other person authorised by him in writing in this behalf, or, in the case of the death of the workman, his assignee or heirs may, without prejudice to any other mode of recovery, make an application to the appropriate Government for the recovery of the money due to him, and if the appropriate Government is satisfied that any money is so due, it shall issue a certificate for that amount to the Collector who shall proceed to recover the same in the same manner as an arrear of land revenue:
Provided that every such application shall be made within one year from the date on which the money became due to the workman from the employer:
Provided further that any such application may be entertained after the expiry of the said period of one year, if the appropriate Government is satisfied that the applicant had sufficient cause for not making the application within the said period.
(2) Where any workman is entitled to receive from the employer any money or any benefit which is capable of being computed in terms of money and if any question arises
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