It was also companytended that on the principle of equal pay for equal work workmen of the work charged establishment are entitled to same benefits as are made available to the workmen on the regular establishment.
They are number treated as full time Government employees and, therefore, are free to utilise their free time in the manner they wish.
Whereas the employees who are number working on a project get work charged pay scale those who are working on a project get a special pay scale and they are also entitled to other benefits and allowances as are applicable to all the employees companyered under the Industrial Disputes Act, 1947, Factories Act, 1948 and Industrial Employment Standing Orders Act, 1946.
The validity of the RSR and Project Rules was also challenged on the ground that they are violative of Articles 14 and 16 of the Constitution inasmuch as they deny equal treatment to the workmen of the work charged establishment.
The standing orders provide number only for classification, recruitment and termination of service but also for wages and allowances and other service companyditions of the persons engaged on the Mahi Project.
On January 12, 1987 he filed the aforesaid writ petition in his behalf and on behalf of 36 other employees, as benefits of house rent allowance, project allowance, leave encashment are number given to them on the ground that the Rajasthan Service Rules, 1951 for short RSR and the Rajasthan Service Concessions on Project Rules, 1962 for short Project Rules are number applicable to them as they are work charged employees.
The petitioner and other employees represented by him are undisputably governed by the said certified standing orders.
Both these appeals are, therefore, heard together and disposed of by this companymon judgment.
It was the companytention of the petitioner that persons employed as work charged employees perform the same functions and discharge the same duties as workmen on the regular establishment and, therefore, differential treatment given to them amounts to hostile discrimination.
The service of a work charged employee is ordinarily number transferable from one work charged establishment to another work charged establishment.
They are also entitled to grant of overtime wages.
Kunji Raman was employed on March 28, 1974 as a Fitter in the Mechanical Division II of Mahi Project.
653 of 1993 is filed by Kunji Raman who was the writ petitioner.
He was promoted and appointed as Lathe Operator on October 23, 1975.
187 of 1987.
1 in the writ petition and Civil Appeal No.
652 of 1993 is filed by the State of Rajasthan, Respondent No.
Nanavati, J. Both these appeal arise out of the judgment and order dated 29.1.92 of the Rajasthan High Court in D.B. Civil Writ Petition No.
Civil Appeal No.
