The Tribune, Chandigarh, India - Chandigarh Stories

COURTS

CTU employees finally get their due
Entitled to difference of overtime wages on basis of revised pay scale
Saurabh Malik
Tribune News Service

Chandigarh, November 21
In a significant judgment expected to benefit all CTU employees working overtime, the Punjab and Haryana High Court has ruled that workmen were entitled to claim the difference of overtime wages on the basis of revised pay scale from January 1, 2006, to June 30, 2009.

The significance of the judgment can be gauged from the fact that the High Court came out with the ruling while deciding five appeals and 262 civil writ petitions. Referring to one of the cases, Justice Satish Kumar Mittal and Justice Arun Palli observed the workman employed as conductor was paid wages in the pay scale of Rs 3,120-6,200 from January 1, 2006, to June 30, 2009, and the overtime allowance was also calculated and paid accordingly.

His pay scale was revised in July, 2009, to Rs 5,910-20,200, along with Rs 2,400 grade pay and dearness allowance; and it was made effective from January 1, 2006. Accordingly, the workman was paid arrears of difference of pay from January 1, 2006, to June 30, 2009, on the basis of revised pay scale.

As his wages were revised from January 1, 2006, in July, 2009, and he was being paid overtime wages from July, 2009, as per the revised wages, he was also entitled to the difference in overtime wages on the basis of revised wages January 1, 2006 to June 30, 2009, the workman contented.

The court was also told that workman and the employees’ union repeatedly represented to the management to release the difference in overtime allowance but to no avail.

In response, the management disputed the workman’s claim and maintained that the Punjab Government revised the pay scales on the recommendation of the Fifth Pay Commission, vide notification dated May 27, 2009. It was adopted by the management, vide notification dated June 11, 2009. However, “there was no recommendation qua revising the overtime allowance. The workman was getting overtime allowance in terms of the policy dated January 17, 2005, and, therefore, he was not entitled to the difference of overtime allowance on unrevised and revised pay scales.

Coming to the workman’s rescue, the Bench added: “There is no dispute qua the entitlement of the workman to draw extra wages in respect of overtime work…. In fact, that indeed is his statutory right.

The provision clearly postulates that the workman shall be entitled to wages at twice the rate of his ordinary wages for the overtime work. Meaning thereby, the determining factor to award extra wages for overtime is the ordinary rate of wages that are being drawn by the workman.

“Concededly, the workman was paid overtime wages calculated on the basis of his wages in the pre-revised pay scale with effect from January 1, 2006, to June 30, 2009. As his pay was revised in July 2009, but from January, 2006, he was paid arrears of difference of pay retrospectively on the basis of revised pay. Quite naturally, he is being paid overtime wages on the basis of his revised wages from July, 2009.

Once that is so, since the wages were revised from January, 2006, as a necessary corollary and an inevitable consequence, the workman shall also be entitled to the difference of overtime wages on the basis of revised wages January 1, 2006, to June 30, 2009….”

Lawlessness will not spoil night food street’s flavour, cops assure HC
Tribune News Service

Chandigarh, November 21
The Chandigarh Police today assured the Punjab and Haryana High Court that the night food street would not lose its flavour due to the ingredient of lawlessness. As suo motu case in this regard came up for hearing today, the police told before the court that it would make adequate security arrangements at the city’s first and the only night food street near the PGI.

The assurance was given by Deputy Inspector-General AS Cheema. Present in before the High Court, Cheema also gave an undertaking that in future appropriate security arrangements would be in place at night food street and strict action would taken against policemen found negligent in performing their duties.

The fact that the municipal corporation’s unique endeavour to spice up the night life of city residents by launching the night food street had lost its flavour became apparent in October when a report was submitted by senior lawyer Atul Lakhanpal. He made it amply clear that the ingredients of exorbitance, encroachment and filth, laced with neglect, had turned the experiment sour.

Appointed amicus curiae or the friend of the court, Lakhanpal had minced no words to say the conditions prevailing at the night food street in Sector 14 were unhygienic, to say the least. In fact, the conditions were pathetic.

Lakhanpal asserted that the washroom too had been converted into a drunkards’ den with liquor bottles strewn all around. It was, otherwise also, being used as a bedroom by the cleanliness staff.

The prices of dishes were far too high. In fact,the contractors, running kiosks, were charging double the rates approved by the municipal corporation. The maximum retail price too was being ignored with impunity by the sellers. They were charging over and above the printed price.

The parking too was an issue. Women constables were just not present. Lakhanpal suggested their presence was a must, if the night food street was to be made a venue for family’s night out.

The High Court had earlier made it clear that it wanted the authorities concerned to ensure the ingredient of reasonableness was added to the dishes served on the platter in the Sector 14 night food street. After taking suo motu cognizance of a news report on high prices being allegedly charged by shopkeepers at the night food street, the High Court had earlier issued notice of motion to the UT Administration.

Now, you need not answer Panchkula policemen’s brusque questions
Volunteer law students to take complaints at front offices
Hina Rohtaki
Tribune News Service

Panchkula, November 21
You will no longer have to face the hitch of visiting a police station in Panchkula to give a complaint and answer brusque questions shot at you by the Haryana Police. Volunteers, preferably law students along with policemen would be taking the complaints now at front offices set up at busy points in the city. Also, you can drop your complaint in the complaint box at the kiosk.

The pilot project is mooted by the new Commissioner of Police OP Singh. “Usually people fear visiting a police station. So for this purpose, a front office will be set up outside a police station. Branded as response boxes and manned by a response officer, there will be an open kiosk at accessible points,” said Singh. The kiosk would be run jointly by a policeman and a volunteer, preferably a law student. “The job of a response officer will be to receive complaints or service requests. They will then pass it on to the research unit for scrutiny and then it will mark the same to investigating officers for investigation in case of an FIR or to the Area Response Officer in case of an inquiry or a service request,” added Singh.

The complaints can be given during peak hours from 4 pm to 8 pm to a volunteer and at other times, one can drop his complaint or service request in the box there. The place will serve as convergence point for complainants and service seekers. For emergency intervention, control room-PCR vehicle, the IO will remain in the loop,” added the officer.

The research unit that will be under the Area Gazetted Officer will process the complaints received through response boxes and digital platform with the help of a law officer and recommend inquiry or an FIR depending on the content and context within 24 hours.

National consumer commission
Circuit Bench decides 75% cases
Tribune News Service

Chandigarh, November 21
The Circuit Bench of the National Consumer Commission today disposed of over 75 per cent of the cases listed before it. The Bench comprising commission president Justice DK Jain (retd) and member Rekha Gupta decided 18 of the 24 cases listed for hearing.

“The remaining six cases could not be decided and had to be adjourned because the counsels or the parties did not appear in the cases,” said Pankaj Chandgothia, president of Consumer Courts Bar Association.

The Bench has been here for the last five days and decided 35 cases pertaining to the period from 2009 to 2011, Chandgothia added.

On finishing his stint at the Circuit Bench, Justice Jain expressed satisfaction over the results achieved by the Bench this week. He also promised to resolve the difficulties arising in the consumer redressal machinery, as pointed by the Bar Association. He also called upon the media to help them increase consumer awareness by widely publishing articles on consumer rights.

Justice VB Gupta and Vinay Kumar, a member, will hold the Circuit Bench from November 24 to 28. The cases of Suman, a victim of wrong blood transfusion at the GMSH-16, and Anupama, who died at PGI due to gangrene development while waiting for surgery, are among those listed for hearing on the first day of the week.

Consumer forum
Vishal Mega Mart fined for selling defective trolley bag
Hina Rohtaki
Tribune News Service

Panchkula, November 21
Giving a defective trolley bag to a customer cost Vishal Mega Mart in Sector 5 here dear. The District Consumer Disputes Redressal Forum today directed the retailer to either replace the bag or pay back Rs 2,299, the cost of the bag, to the complainant along with interest at the rate of 9 per cent per annum. Also, Vishal Mega Mart has been directed to pay an amount of Rs 5,000 as compensation for mental agony and harassment caused to the complainant.

In his complaint, Kulbir Singh, a resident of Sector 7, Chandigarh, stated that he purchased the bag from the retailer on July 12, 2014. The product came with two-year guarantee. On reaching home, the complainant inspected the bag and found it defective. There was a hole near the zip. The next day, the complainant visited the mart and told an official about the defect. He was told to come within two-three days as the bag was to be replaced by the manufacturer. The official took the bag and issued a token to the complainant.

On August 15, the complainant again visited the shop and he was told that the bag could not be replaced by the company as the defect was due to negligence of the complainant, the complaint stated. It was alleged that the manager also misbehaved with the complainant.

Since the opposite party did not appear before the forum to contest the complainant’s claim, ex-parte proceedings were initiated against it. “The non-appearance of the opposite party, despite notices, shows that it has nothing to say in its defence or against the allegations made by the complainant,” read the order.

3-yr-old’s kidnapping: Main accused get bail
Tribune News Service

Chandigarh, November 21
The special court for crime against women, Anshu Shukla today granted bail to Jagpal Beniwal, the main accused in the kidnapping of three-year-old Harmione, aka Eddu, daughter of his business partner in January last year. Beniwal was arrested by the police six months after he kidnapped the minor seeking ransom. Beniwal was released on bail on November 18 on medical grounds.

Beniwal’s counsel said that he was suffering from coronary heart disease and needed urgent medical attention.

“The petitioner has been suffering from the coronary artery disease and has been referred to the PGI, Chandigarh, and the PGI, Rohtak on many occasions”. The bail orders read that all material witnesses in the case have already been examined and the question of tampering with the prosecution witnesses is not possible”, read the bail orders.

Also, since November 3, Beniwal had been vomiting blood. Jail authorities had referred the petitioner to the Government Multi-Speciality Hospital (GMHS), Sector 16, and has been called for a follow up. But the jail authorities could not send him.

Eviction case
Rs 25,000 costs imposed on UT Estate Officer
Tribune News Service

Chandigarh, November 21
The Punjab and Haryana High Court today imposed Rs 25,000 as costs on the UT Estate Officer in a case where a notice was issued to a city resident under the Punjab Premises (eviction of unauthorised occupants) Act, 1971.

The costs were imposed by the Division Bench of Justice Hemant Gupta and Justice Hari Pal Verma on a petition filed by Sukhbinder Kaur and other respondents against the Chandigarh Administration and other respondents.

The petitioner had told the Punjab and Haryana High Court that the issue pertained to a five-and-a-half marla house in Sector 23.

Initially, orders for its resumption were issued in 1970, but a time of three years was given for the purpose of construction. Since then, water and power connections were sanctioned.

But 40 years later, a notice under the provisions of the Eviction of Unauthorised Occupants Act, 1971, was issued.

Allowing the petition, the Bench was critical on the way public authorities dealt with issues related to the residents.

ndps case
Charges framed against seven
Tribune News Service

Chandigarh, November 21
A local court today framed charges of drug peddling against seven persons, including two women. The case has been adjourned for recording evidences on December 10. The court framed charges against accused Suresh Kumar of Kullu, Guddu Ram of Kullu, Ramesh Kumar of Sonipat, Punam Chand of Pushkar, sisters Chandro Devi and Asha Devi of Kullu and Budh Ram of Kullu were arrested by the sleuths of the Narcotics Control Bureau in March this year. The accused were arrested with 7.2 kg of charas worth Rs 7 lakh in the local market.

The accused were arrested from the intersection of Sector 29 and 31 on March 28 at 11.30 pm on the basis of intelligence inputs that charas in huge quantity would be smuggled from Kullu, Himachal Pradesh to various parts of Haryana and Rajasthan.

CRIME

Man arrested for assaulting wife
Tribune News Service

Chandigarh, November 21
The Chandigarh Police arrested Sukhwinder Singh, a resident of Sector 33, here, for molesting, assaulting and threatening his wife near Tribune Chowk. The accused is son of Gurdeep Singh Manchanda, who was arrested in the case of multi-crore hawala transactions made for NRI drug peddler Anoop Singh Kahlon, who is an accomplice of drug lord Jagdish Bhola.

The police said the complainant in the case alleged that Sukhwinder, along with three persons, stopped her near Tribune Chowk and assaulted her.

The accused’s father Gurdeep Singh was arrested by sleuths of the enforcement directorate (ED) for making hawala transactions for the drug peddler in April 2013. Currently, Gurdeep is out on bail.

Sources said the victim informed the local police about the links of her father-in-law with the drug lord.

A case under Sections 323 (voluntarily causing hurt), 341 (wrongful restraint), 354 (assault or criminal force to woman with intent to outrage her modesty), 506 (criminal intimidation) and 511 (punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment) of IPC has been registered at the Industrial Area police station. The police have started investigations in the case.

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