Case Note & Summary
The dispute arose between the Punjab State Electricity Board and its work charged employees regarding the counting of work charged service for the purpose of time bound promotional scales and increments. The Board had introduced a scheme allowing promotional scales after 9, 16, and 23 years of regular service, which the work charged employees sought to benefit from, claiming their prior work charged service should be counted. The Board contested this, asserting that only regular service qualifies for such benefits. The High Court granted relief to the employees based on a previous order, but the Supreme Court found this erroneous. The Court emphasized that work charged employees are distinct from regular employees, and their service cannot be equated for the purpose of promotional benefits. The Court referenced several precedents establishing that work charged service does not confer the same rights as regular service. Ultimately, the Supreme Court dismissed the writ petitions, upholding the Board's position and clarifying that the scheme's language explicitly required regular service for eligibility. The appeals were allowed, and the High Court's orders were set aside, with no costs awarded to either party.
Headnote
A) Employment Law - Work Charged Employees - Distinction from Regular Employees - Not entitled to service benefits - Code of Civil Procedure, 1908, Section Not mentioned - The court held that work charged employees constitute a distinct class and cannot be equated with regular employees for service benefits, including time bound promotional scales. The scheme clearly stipulated that only regular service counts towards these benefits. Held that the High Court erred in granting relief based on work charged service (Paras 10-13).
Issue of Consideration
Whether work charged service can be counted for the purpose of granting time bound promotional scales and increments.
Final Decision
The Supreme Court allowed the appeals, set aside the High Court's orders, and dismissed the writ petitions filed by the respondents, ruling that work charged service cannot be counted for time bound promotional scales.
Law Points
- Time bound promotional scales
- work charged service
- regular service
- service benefits
- promotional increments
