Chandigarh: The Punjab and Haryana high court has ruled that the contractual drivers and conductors at PUNBUS were entitled to at least the minimum of the regular pay scale (plus dearness allowance), at par with their regular Punjab Roadways counterparts.The court also ordered the govt to consider them for regularisation.The high court also made it clear that the ruling was not just for the petitioners but acts as a judgment in rem. PUNBUS is now duty-bound to extend these benefits to all similarly situated employees without forcing them to file individual lawsuits.Justice Harpreet Singh Brar passed these orders while allowing a petition filed by Mukesh Kumar and several other drivers and conductors who were hired by PUNBUS on a contractual basis starting in 2010.Despite performing the same duties, operating the same routes, and undergoing a selection process as rigorous as that of regular staff, these employees were paid significantly lower consolidated salaries.Rejecting their claims, the state govt repeatedly argued that PUNBUS was a separate company from Punjab Roadways and lacked “sanctioned posts”. The workers are bound by the terms of their individual contracts, and granting pay parity will create a “cascading effect” on the state’s finances, the state contended.Justice Brar rejected the state’s defence, observing that the distinction between PUNBUS and Punjab Roadways was largely artificial. The court observed that both entities operated under the unified control of the director of state transport, Punjab, and even shared the same disciplinary and administrative frameworks.The bench further directed that the authorities must examine cases for regularisation under the Punjab Employees’ Welfare Act, 2016, and pass reasoned orders within six weeks of receiving representations.MSID:: 129398901 413 |
