' The appeal captioned above is directed against the decision, dated 6th July, 1983 recorded by the learned Presiding Officer, Punjab Labour Court No, 2, Lahore, whereby the grievance petition of the respondents for delivering dearness allowance at 45% of the basic pay was accepted.
2. The respondents are the employees of the appellant. On the issuance of notification Exh. P-1 they were allowed dearness allowance at 45% of the basic pay but it was stopped afterwards on the ground that the respondents were governed by the Minimum Wage Board Award meant for the workers employed in the appellant Centre. The learned lower Court has held that the respondents are governed by notification Exh. P-1 and are not governed by the Minimum Wage Board Award Exh.
R-2 for the reason that no agreement or settlement was existing, nor it was shown that the Wage Board Award Exh. R-2 was implemented within one year of the issuance of notification Exh. P-1. It has also been observed that the Industrial Relations Ordinance, 1969 is applicable to the respondents and thus the conditions given in para. 3 of the Exh. P-1 stand fulfilled. The approach of the learned lower Court to the matter is not correct. The learned lower Court has missed to see that accor- ding to para. 1 of Exh. P-1, the notification is applicable to the employees serving in N. P. S. 20 and below. This is apparent that only regular employees can take benefit of this notification, whereas the respondents are not regular employees, but are working on daily wages basis. P.W. 1 admitted in cross-examination that they are daily wages workers. The schedule appended to Exh.
R-2, Part 1 under the heading "Regular Employees" states that the wages of the categories mentioned therein are being governed under Punjab Civil Servants Pay Revision Rules, 1977 as they are regular employees. On the next page and the pages following it are mentioned those workers who are not regular employees but are getting wages per day. The ones who get pay a monthly rate are paid for 26 days and not for 30 days, meaning thereby that they being not regular employees are not allowed wages for Fridays and close days unlike the regular employees who are governed by Civil Servants Pay Revision Rules. Apart from it there being no basic pay in the case of daily wages workers, it is not possible to allow dearness allowance , on basic pay. Since Exh. P-1 was not applicable to the employees of the appellant, therefore, Wage Award Exh. R-2 was specifically made for them after about one month of the issuance of the notification Exh. P-1. Para. 3 of Exh. P-1 is meant for regular employees of the Government to whom Industrial Relations Ordinance, 1969 applies but is not meant for the ones working on daily wages basis not getting pay for holidays. In view of the admission made by P. W. 1 that the respondents are daily wages workers, Exh. P-1 is not applicable to them and Exh. R-2 applies to them. The learned lower Court failed to consider this aspect of the case and thus fell in error in holding that the respondents can take benefit of Exh. P-1.
3. As a result, I accept the appeal and setting aside the impugned decision of the learned lower Court, dismiss the grievance petition of the respondents.