Piece Rated Worker Not Getting Any Graded Scale Of Pay Can’t Claim Parity With Regular Employee For Grant of Pensionary Benefits: J&K&L HC
The Jammu & Kashmir and Ladakh High Court dismissed a Petition filed by the former Piece Rated Workers of Handicrafts (S&E) Corporation seeking pensionary benefits and clarified that a Piece Rated Worker who was not getting any graded/regular scale of pay cannot be equated with an employee of the Corporation who was on its regular establishment.
The Writ Petitions before the High Court were filed by the former employees/their legal representatives of the Jammu and Kashmir Handicrafts (S&E) Corporation.
The Single-Judge Bench of Justice Sanjay Dhar asserted, “The petitioners, therefore, cannot claim parity with the employees of the respondent Corporation who were granted pensionary benefits pursuant to the judgment dated 12.03.2009 passed by this Court in SWP No.1250/2002 and Government Order No.35- IND of 2018 dated 25.01.2018.”
Advocate Syed Ruqaya Siddique represented the Petitioners while Deputy Advocate General Mubashir Majid Malik represented the Respondent.
Through the medium of these writ petitions, the petitioners were seeking a direction upon the respondents to grant in their favour the pensionary and retiral benefits on parity with the employees of various units of the Jammu and Kashmir Industries Limited, J&K Handloom Silk Weaving Factory and J&K Handloom Development Corporation.
They claimed that they were holding the posts of Piece Rated Workers belonging to the Jammu and Kashmir Handicrafts (S&E) Corporation. A writ petition was filed by the employees of the J&K Handloom Silk Weaving Factory Workers Union, seeking relief for grant of pension and other retiral benefits on the analogy that they belong to the J&K Industries Limited and the posts therein had been declared as civil posts.
The said writ petition was allowed. Pursuant to the aforesaid judgment, the Government, in terms of an Order of 2018, accorded sanction to the grant pension in favour of the employees of the J&K Industries Limited as well as J&K Handloom Silk Weaving Factory employees who had been appointed after October 3,1963.
According to the petitioners, the erstwhile Industrial Units including that of the petitioners were Government departments and the posts held by the employees therein were civil posts. Hence, it was argued that the petitioners were entitled to the benefit of pension and other related benefits.
On the contrary, the Respondents submitted that the petitioners were Piece Rated Workers and not regular/graded employees of the Corporation, therefore, they were never regularized. Thus, the benefit of pension and other amenities in terms of Government Order couldn’t be extended to them.
The Bench noted that the petitioners were, admittedly, holding the posts of Piece Rated Workers belonging to the J&K Handicrafts (S&E) Corporation. The Piece Rated Workers are paid their wages according to their earning per day as per the market rate.
“Therefore, a Piece Rated Worker of the respondent Corporation was not getting any graded/regular scale of pay and, as such, cannot be equated with an employee of the said Corporation who was on its regular establishment”, the Bench observed.
The High Court also held that the petitioners, therefore, couldn’t claim parity with the employees of the respondent Corporation who were granted pensionary benefits pursuant to the the Government Order. As per the Bench, on this ground alone, the case of the petitioners deserved to be dismissed.
Thus, without finding any merit in the Petitions, the Bench dismissed the same.
Cause Title: Mohammad Yousuf Mir & Ors. V. Ut of J&K and Others (Case No.: WP(C) No.642/2022)
Appearance:
Petitioners: Advocate Syed Ruqaya Siddique
Respondents: Deputy Advocate General Mubashir Majid Malik
