JUSTICE CH. MUHAMMAD TARIQ, (CHAIRMAN).---This appeal has been directed against the impugned order dated 12.11.2007 passed by learned Punjab Labour Court No.7, Gujranwala.
2. Brief facts of the case as per grievance petition are that Khalid Mehmood Butt and one hundred and seventeen other respondents have jointly filed a grievance petition under section 46 of IRO, 2002, whereby it is claimed that they be granted Big City Allowance. The respondents are permanent employees of department of Irrigation (Research) Institute Lahore, which is attached department of Irrigation and Power Lahore. At present the respondents are performing their duties at Camp Office Irrigation (Research) Station Nandipur, Gujranwala. For the purpose of payment of salary, G.P. Fund, Pension and other service matters Irrigation and Research Institute Lahore is their Headquarter. As per Notification of Government dated 14.07.1981 the Headquarter of the respondents is at Lahore, therefore, they are entitled to Big City Allowance. The employees of other departments like Regional Training Center WAPDA and Gujranwala Hydraulic Power Station Nandipur are drawing big city allowance since 1991. The respondents have made repeated requests to the appellants for grant of Big City Allowance but they have refused to grant it. All the respondents have same cause of action, therefore, they have filed a joint petition under section 46(8) of I.R.O,2002. The respondents have served grievance notices to the appellants. It is prayed that the appellants be directed to pay Big City Allowance to the respondents with effect from 14.07.1981.
3. The grievance petition was contested by the appellants. The learned Punjab Labour Court No.7, Gujranwala after recording oral as well as documentary evidence of the parties and fulfilment of codal formalities decided the grievance petition in the following terms:-- "16. All these employees are deal by Head Office in their administrative matters pay/salary/research/office orders/ promotion/transfers. There is only a camp at Nandipur. All other matters are regulated/managed by the Head office. Therefore, the irresistible conclusion is that they are entitled to all the facilities of head office IR1 situated in Lahore including Big City Allowance.
17. This position is even accepted by Irrigation department itself vide letter No.09-G/348 dated 05.10.1998 titled fringe benefits regarding Big City Allowance. On this recommendation the case was forwarded to Finance department. This position was even strengthened by Ex. P-126 where is a letter from Chief Engineer (Research), Irrigation and Power Department, Lahore to Secretary to Government of the Punjab Irrigation and Power Department, Lahore, vide its No.50-EG/574 dated 06.10.1998 titled as Fringe Benefits regarding Big City, wherein it was recommended that applicants are employees of Irrigation Research Institute which is an attached department of Secretary I&P Department Lahore, with its camp at Nandipur, therefore subject benefits i.e. house rent and conveyance allowance etc. be awarded to the applicants as admissible to the other Government servants working in the Big Cities. EXP-127 is a letter from Chief Engineer (Research), Irrigation and Power Department, Lahore to Secretary Govt. of the Punjab Irrigation and Power Department, Lahore vide its No.50-EG/674 dated 13.06.1997 titled as compensatory allowance at HYD: Research Station Nandipur, Gujranwala.Ex.P-128 is a letter from Chief Engineer Research, Irrigation and Power Department, Lahore to Secretary Govt. of the Punjab Irrigation and Power Department, Lahore vide its No.50-EG/9003-05 dated 11.12.1996 titled as compensatory allowance at HYD: Research Station Nandipur District Gujranwala, wherein it is pointed out that civil servants posted at Gujranwala are entitled to 45% of house rent vide Finance Department Notification No. SR1-9-4/86 dated 07.10.1990.EtP-129 is a letter from Chief Engineer Research, Irrigation and Power Department, Lahore to Secretary Government of the Punjab Irrigation and Power. Department, Lahore vide its No.50- EG/470 dated 26.7.1995 titled as Compensatory allowance at HYD: Research Station Nandipur District Gujranwala. Ex. P-130 is a letter from Senior Research Officer Hydraulic Research Station Nandipur, Gujranwala to the Chief Engineer Research, Irrigation and Power Department, Lahore vide its No.9-G/215 dated 12.6.1995 titled as Compensatory allowance at HYD: Research Station Nandipur District Gujranwala. It is abundantly clear and indicated from all these documents that the Irrigation Department forwarded the case of present petitioner to Finance Department for allowing Big City Allowance to all these petitioners. But the Finance Department turned down the recommendations of Irrigation Department.
18. All the officers at Research Station Nandipur including Hafiz Muhammad Arshad, Muhammad Yaqoob Loana are receiving big city allowance while posted at Nandipur station. These officers cannot be discriminated from petitioners/workers.
19. The matter does not end over here there is a power station at Nandipur and employees of power station which is called Training Center are receiving Big City Allowance vide EX. P-131 a letter to the Director Labour and Welfare WAPDA, Sunny View, Lahore from Asstt. Director Finance vide its No.18722 dated 27.9.1992 titled grant of house rent and conveyance allowance at the same rate as admissible at Gujranwala to the workers employed at Nandipur Power Station. Ex.P-134 is a notification of Finance Department Lahore No.FD.SR1.9-4/86 dated 07.10.1991 titled as house rent and conveyance allowance at Gujranwala.
20. The employees of one institute which is although federal and in the form of the corporation are receiving Big City allowance whereas the employees of Irrigation Department working at the same place/vicinity cannot be discriminated.
21. There is an other angle to examine the proposition when all the employees/petitioner are receiving house rent, conveyance allowance, compensatory allowance at the rate on which the employees of all the other departments situated in Gujranwala then how these employees/petitioners can be discriminated with the employees of all the other departments regarding big city allowance.
22. Supreme Court vide case titled Pakistan Railway v. Muhammad Ashraf (2003 PLC (C. S.) 1185) and in other case Supreme Court in CPLA No.1413 of 2003 titled Province of Punjab v. Punjab Labour Appellate Tribunal dated 20.12.2005. Mr. Justice Saeed ur Rehman in Lahore High Court Lahore vide Writ Petition No.1174/1994. Mr. Justice Syed Zahid Hussain Judge Lahore High Court Lahore vide decision of Writ Petition No.20625 of 2000 dated 20.03.2003 granted big city allowance to the employees of Gujranwala of Different departments that is to say Pakistan Railway and Highway.
23. As a sequel of my above discussion and findings the grievance petitioner in question is accepted and the petitioners are allowed to draw their big city allowance under the rules with effect from 15.04.1991. Parties are left to their own cost."
4. Hence this appeal on the grounds mentioned therein.
5. Learned ADA appearing on behalf of the appellants, inter alia, contended that respondents are not entitled to big city allowance as they ,.re not working within the Municipal limits of Gujranwala city. They are working out side Municipal limits of Gujranwala city in a small town known as Nandi Pur.
6. The main thrust of arguments of learned ADA was on two scores. Firstly that Nandi Pur does not fall within the ambit of Big cities. It is a village and a remote area and secondly that Nandi Pur also does not fall within the Municipal limit of district Gujranwala. Therefore, the respondents are not entitled for the big city allowance and prayed that appeal be accepted and impugned order be set aside.
7. Conversely, learned counsel for the respondents vehemently Opposed the arguments and grounds raised in the memo. of appeal and argued in favour of the impugned order. Learned counsel further relied on Exh.P-131, Exh.P-132, Exh.P-136, Exh.P-137 and Exh.P-138. According to the arguments of the learned counsel for the respondents the Regional Training Center ABE WAPDA Nandi Pur is situated within 5 miles from the boundary Corporation, Gujranwala limits i.e., Sialkot Octroi bypass. He further relied on Exh.P-137 which is a Distance Certificate issued by Deputy Director, Town Planning Gujranwala Development Authority, wherein the Regional Training Center, WAPDA has been declared that it is situated within 5 miles from the boundary of Municipal Corporation Gujranwala and so on an office order issued by Finance Officer, WAPDA (Exh.P-132) dated 14/04/1989 regarding payment of compensatory allowance to the offices located with the distance of 5 miles of the boundary of Municipal limits. Learned counsel for the respondents also relied on a certificate issued by a Revenue Officer who declared the Nandi Pur within the municipal limits of district Gujranwala and prayed that the learned Labour Court below rightly accepted the grievance petition filed by the respondents. Therefore appeal be dismissed and impugned order be maintained.
8. Arguments heard and record perused.
9. According to the facts of the case, Khalid Mehmood Butt and one hundred and seventeen other respondents have jointly filed a grievance petition under section 46 of I. R.0, 2002 whereby it is claimed that they be granted Big City Allowance. The respondents are permanent employees of department of Irrigation (Research) Institute Lahore, which is attached department of Irrigation and Power Lahore. At present the respondents are performing their duties at camp Office Irrigation (Research) Station Nandipur, Gujranwala. For the purpose of payment of salary, G.P. Fund, Pension and other service matters Irrigation and Research Institute Lahore is their Headquarter. As per Notification of Government dated 14.07.1981 the Headquarter of the respondents is at Lahore, therefore, they are entitled to Big City Allowance. The employees of other departments like Regional Training Center WAPDA and Gujranwala Hydraulic Power Station Nandipur are drawing big city allowance since 1991. The respondents have made repeated requests to the appellants for grant of Big City Allowance but they have refused to grant it. All the respondents have same cause of action, therefore, they have filed a joint petition under section 46(8) of I.R.O., 2002. The respondents have served grievance notices to the appellants. It is prayed that the appellants be directed to pay Big City Allowance to the respondents with effect from 14.07.1981.
10. During the course of proceedings both the parties produced their respective evidence before the learned Punjab Labour Court No.7, Gujranwala. Evidence of the parties was recorded.
Muhammad Iqbal son of Abdul Aziz appeared as P.W.1 and stated that he was appointed as Silt Observer in Irrigation Department in 1989. Respondent is working at Hydraulic Research Station Nandipur, which is attached department of Irrigation (Research) Institute Lahore. The terms and conditions of the employment of P.W.1 and others respondents are regulated by to EX-EN Irrigation (Research) Institute, Lahore. Irrigation (Research) Institute Lahore is their Headquarter. The respondents are at the strength of Irrigation (Research) Institute, Lahore. The employees of Irrigation (Research) Institute, Lahore are drawing 45% House Rent Allowance and Conveyance Allowance which is called Big City Allowance. It is stated that the respondents are also entitled to Big City Allowance. The employees of WAPDA Training Center, Hydraulic Power Station Nandipur are drawing Big City Allowance with effect from 15.04.1991. The Headquarters of these departments are also in Lahore. 118 employees have filed the grievance petition for grant of Big City Allowance, which includes one tracer, eleven Silt Observer, four Laboratory Assistants, sixty one laboratory attendants, four Mali, two Mechanics, three carpenteRs. seven Kulis, one Blacksmith, one Hammer man, one helper, ten Chowkida Rs. one Naib Qasid, one Store Issuer, four Masons, one mate, one Earthwork Mastri, one Head Mali, three Sweepe Rs. one baildar, one patron maker, one Foreman, one Electrician, one junior clerk, one Pump Driver and one Fitter. In support of his contention P.W.1 produce photo copy of grievance notices which is EX.P-1 to EX.P-118, postal receipts as EX.P-119 to EX.P-124, copy of list of employees who filed the grievance petition as EX.P-125, copy of letter No.574 dated 06.10.1998 as EX.P-126, copy of letter No.674 dated 13.06.1997 as Ex.P-127, copy of letter No.9003/05 dated 11.12.1996 as Ex.P-128, copy of letter No.470 dated 26.07.1995 as EX.P-129, copy of letter No.1215 dated 12.06.1995 as EXP-130, copy of letter No.8722/24 dated 27.09.1992 as EX.P-131, copy of office order dated 14.04.1979 from Director Finance WAPDA as EX.P-132, copy of office order No.365 dated 29.03.1995 as EXP-133, copy of letter from Finance Department dated 07.10.1991 as EX.P-134, copy of office order from Chief Engineer Mangla dated 12.08.1995 as EX.P-135, copy of distance certificate from S.D.O. Highway verified by Tehsildar Gujranwala dated 16.11.1994 as Ex.P- 136, copy of certificate of Town Planning G.D.A Gujranwala as EX.P-137, copy of certificate of GDA regarding distance of Nandipur as EX.P- 138, copy of combined seniority list of Malis as EXP.139, copy of Final Seniority list of Silt Observers as EXP-140 (eleven pages), copy of Distribution of Budget from Government of Punjab to Irrigation Department dated 15.07.2005 as EXP-141, copy of Budget Estimates for the year 2005-2005 as EX.P-142, copy of list of employees of Irrigation Station Nandipur as EX.P-143, and EX.P-144, copy of voter list as EXP-145, copy of letter of demand notice dated 21.07.2004 as EXP-146, copy of demand notice from Secretary Union dated 20.07.2004 as EX.P-147, copy of list payment of salary dated 30.03.2005 as EXP-148, copy of letter regarding payment from EX.-EN I.R.I Lahore dated 09.04.2005 as Ex.P-149, copy of office order No.736 dated 19.02.2001 as EX.P150, copy of pay role slip dated 31.01.2001 as EXP-151, copy of office order No.324/E dated 04.11.1999 as EX.P-152, copy of office order No.1661 dated 24.04.1996 as EX.P-153, copy of office order No.1661/1662 dated 25.04.1996 as EXP-154, copy of Office order No.3361 dated 28.10.1981 as.
EXP-155, copy of office order No.534 dated 14.02.1994 as Ex.P-156, copy of office order No.5261 dated 14.04.1993 as EXP-157, copy of letter No.09-9/348 dated 05.10.1998 as EX.P-158, copy of application from President Irrigation Employees Union dated 04.10.1998 as EX.P-159, copy of letter No.5-G/162 dated 04.07.2005 as EX.P-160, copy of letter of demand No.607/12-2 dated 02.07.2005 as EXP-161, copy of letter from Section Officer dated 21.06.2005 as EX.P-162, copy of demand notice dated 28.05.2005 as Ex.P-163, copy of letter regarding demand notice dated 28.05.2005 as Ex.P-164, copy of Payment Advice dated 02.10.2005 as Ex.P-165, copy of letter of Finance Department dated 14.07.1981 as Ex.P-166, copy of letter of Finance department dated 16.05.1977 as Ex.P-167, copy of letter dated 21.07.1977 as Ex.P-168, copy of letter dated 22/07/1979 as Ex.P-169, copy of letter dated 13.07.1980 as Ex.P170, copy of letter dated 14.07.1981 as Ex.P-171, copy of letter of Finance department dated 27.07.1987 as Ex.P-172, copy of letter dated 18.03.1990 as Ex.P-173, copy of certificate regarding registration of employees union as Ex. P-174, copy of registration certificate of employees union Nandipur Irrigation Research as Ex.P-175, copy of approval of election of employees union from Registrar Trade Union Gujranwala district dated 07.03.2005 as Ex.P-176, copy of letter of demand notice dated 30.10.1982 as Ex.P-179, copy of Payment List issued from A.G. Punjab for the month of February 1990 (thirty one pages) as Ex.P-178/A, copy of letter regarding division of Tehsil Council City Gujranwala into four Town (six pages) as Mark-A, copy of Check of salary issued by State Bank of Pakistan Lahore dated 01.09.2003 as Mark-B, copy of cash book maintained by Executive Engineer regarding employees of Irrigation Department (twenty eight pages) as Ex.P.17B/B, acknowledge receipts regarding respondents Muhammad Ashraf etc as Ex.P-179 to ExP-181. In cross-examination P.W.1 has admitted that after his appointment in Irrigation Research Institute he was attached with Hydraulic Research Station Nandipur. He was not transferred froth Nandipur ever. The total employees of Nandipur Hydraulic Research Station are approximately one hundred and fifty. Thirty two employees have not claimed Big City allowance. It is admitted by P.W.1 that the respondents have formed their union and he is General Secretary of the said Union. It is further admitted that only three respondents including P.W.1 are recording their statement in the Court. It is admitted that power of attorney of remaining 115 have not been procured but they have signed the Wakalat nama. It is incorrect that Signatures of 115 respondents are bogus. It is incorrect that 115 respondents have not signed the petition. All the 118 respondents have served grievance notice to the appellants individually. It is correct that Finance Department is not made as party in the petition. The respondents have to go to Lahore to receive their salary. Muhammad Khalil, Silt Observer Nandipur Research Station and Muhammad Sohail son of Hadayat Ullah, Laboratory Assistant appeared as P.W.2 and P.W.3 respectively and supported the version of P.W.1 on oath.
11. The respondents have produced almost 179 documents in support of payment of big city allowance.
12. This Tribunal minutely scanned the record of the file with the assistance of learned ADA as well as learned counsel for the respondents but did not find a positive answer from the respondent side that how the Nandi Pur falls within the definition of big cities because it is a remote area situated far away from Gujranwala city. Under the law, it is the only provincial government who can vary the limits of a city or district or Tehsil or a revenue Estate and in case of any variance in the boundaries/limits the provincial government duly publish it in the Punjab Gazette through a Notification which is not available in this file. Thereafter, any official letter written by a revenue officer or some other department could not be termed as a Notification nor such letters can take place of Notification, therefore, any proposed amendment or variance of limits of a particular place by some functionary of government Department without the approval of Government of Punjab has no legal status in the eye of law. Similarly, there is no evidence on the record that Nandi Pur falls within the category of big cities.
13. Though the respondents have produced almost 179 documents which were duly exhibited but nor supported the version of the respondents. It has been repeatedly held by the Hon'ble Supreme Court that it is the quality and not the quantity of evidence which prove the version of a party. The fact of the matter is that Govt. of Punjab on the recommendation of Finance Division issued a Notification on 08.08.2002 and declared nine cities of Punjab as Big Cities. Those cities which were declared big cities are (1) Lahore, (2) Faisalabad, (3) Rawalpindi, (4) Multan, (5) Sargodha, (6) Dera Ghazi Khan, (7) Bahawalpur, (8) Gujranwala and (9) Sialkot. According to Notification, the employee of big cities were held entitle to receive House Rent Allowance a 45% of the initial pay along with Conveyance Allowance. The Big City Allowance is payable to the employees of only those cities which have been declared big cities. It is further clarified that an employee who has been receiving Big City Allowance, if transferred at a place outside big city such employee will not be entitle to receive Big City Allowance for the period he remains out. Similarly the employees of a city which do not fall in the definition of big city cannot claim Big City Allowance on the ground that an employee who has been receiving Big City Allowance has been transferred to a city which is not included in the list of big cities.
14. This Tribunal further observed that the payment of big city allowance does not fall amongst the disputes known as industrial dispute. At the same time, this Tribunal or the learned Labour Court lack jurisdiction to award big city allowance to a worker performing his duties in an industrial or commercial establishment. He shall approach E appropriate forum to achieve his claim.
15. The upshot of above discussion is that this appeal succeed and accepted. The impugned judgment dated 12.11.2007 passed by the learned Punjab Labour Court No.7, Gujranwala is set aside.
The grievance petition is rejected.