Punjab and Haryana High Court Mandates Pay Parity for PUNBUS Contractual Staff
The Punjab and Haryana High Court has delivered a landmark judgment, ruling that contractual drivers and conductors employed by PUNBUS are entitled to receive at least the minimum of the regular pay scale, along with dearness allowance, placing them on par with their regular counterparts at Punjab Roadways. This decision marks a significant victory for hundreds of workers who have long faced wage disparities despite performing identical duties.
Court Orders Regularization Consideration and Broad Application
In addition to mandating pay parity, the court has directed the government to consider these contractual employees for regularization under the Punjab Employees' Welfare Act, 2016. Justice Harpreet Singh Brar, who presided over the case, emphasized that this ruling is not limited to the petitioners alone but acts as a judgment in rem. This means PUNBUS is now legally obligated to extend these benefits to all similarly situated employees without requiring them to file individual lawsuits, ensuring widespread relief.
Background of the Petition and State's Defense
The petition was filed by Mukesh Kumar and several other drivers and conductors who were hired by PUNBUS on a contractual basis starting in 2010. Despite undergoing a selection process as rigorous as that of regular staff and performing the same duties on identical routes, these employees were paid significantly lower consolidated salaries. The state government repeatedly rejected their claims, arguing that PUNBUS is a separate company from Punjab Roadways and lacks "sanctioned posts," and that granting pay parity would create a "cascading effect" on state finances.
Court Rejects State's Arguments as Artificial Distinction
Justice Brar firmly rejected the state's defense, observing that the distinction between PUNBUS and Punjab Roadways is largely artificial. The court noted that both entities operate under the unified control of the director of state transport, Punjab, and share the same disciplinary and administrative frameworks. This finding underscores the court's commitment to equitable treatment for workers regardless of contractual status.
Implementation Timeline and Future Implications
The bench has directed authorities to examine cases for regularization and pass reasoned orders within six weeks of receiving representations from the employees. This ruling is expected to set a precedent for similar contractual disputes across the region, promoting fair labor practices and potentially influencing policy reforms in public sector employment.
