Contract Prtc Workers Union And ORS v. State Of Punjab And ORS





     

Date of decision: 28.04.2026     

.....Petitioners

VERSUS

 !"#$ .....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR 

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!* ( Mr. Vikas Sonak, AAG, Punjab.

Mr. Anupam Singla, Advocate for respondents No.3 and 4.

None for respondent No.7.

Mr. Chanderdeep Singh, Advocate for respondent No.8.

**** HARPREET SINGH BRAR , J. (Oral) 1.

The present Civil Writ Petition under Article 226 of the Constitution of India is filed for the issuance of an appropriate writ, order, or

direction, particularly in the nature of mandamus, directing the respondents as under:

(i) To implement the decision of the this Court dated 22.03.2010 (Annexure P-10) and to confirm petitioner Nos. 2 to 4, as well as all other similarly situated employees, i.e., members of petitioner No. 1, as conductors/drivers/workshop staff under Regulation 10 of the Pepsu Road Transport Corporation (Conditions of Appointment & Service) Regulations, 1981; and to grant them status along with all consequential benefits arising therefrom in terms of Regulations 14, 13, 12, etc., with effect from the date of confirmation, including fixation of initial pay/pay in accordance with the provisions of the Punjab Civil Services Rules, Vol. I, Part I, and grant of pay scales on the pattern of the State Government.

(ii) By way of abundant caution, to issue a writ of mandamus in view of Section 10 of the Contract Labour (Regulation & Abolition) Act, 1970, declaring that the workmen purportedly employed by PRTC through contractors are, in fact, employees of PRTC and not of the contractors, in view of Section 12 of the said Act and Annexure P-8; and further to direct the respondents to make appointments of such employees on a permanent basis in terms of the judgment dated 22.03.2010 (Annexure P-10).

In the alternative:

(iii) To issue a writ of mandamus in terms of Section 10 of the Contract Labour (Regulation & Abolition) Act, 1970, directing the appropriate Government to prohibit the employment of contract labour in PRTC and to make appointments of petitioner Nos. 2 to 4 and other similarly situated employees on a permanent basis in terms of the judgment dated 22.03.2010 (Annexure P-10).

In the further alternative:

(iv) To issue a writ of mandamus declaring petitioner Nos. 2 to 4 and other similarly situated employees entitled to monetary and other benefits in terms of Rule 25(2)(v)(a) of the Contract Labour (Regulation & Abolition) Central Rules, 1971, and to direct their appointment on a permanent basis in terms of the judgment dated 22.03.2010 (Annexure P-10). (v) To issue a writ of mandamus directing PRTC to adjust petitioner Nos. 2 to 4 and all similarly situated employees against the posts advertised vide Annexures P-13(i) and P-13(ii), and only in the event of any posts remaining vacant, to fill the same from candidates other than those already working for PRTC.

It is further prayed that, during the pendency of the present writ petition, respondents No. 3 and 4 be restrained from making any

appointments in pursuance of advertisements dated 23.09.2011 (Annexures P-13(i) and P-13(ii)). It is also prayed that respondents No. 3 and 4 be directed to forthwith pay a monthly salary of Rs. 6,500/- / Rs. 7,500/- to petitioner Nos. 2 to 4 as well as to all other similarly situated employees until the final decision of the writ petition and that respondents No. 3 and 4 be restrained from paying Rs.6,500/- Rs.7,500/- per month to any contractual conductor/driver/workshop staff appointed pursuant to the aforesaid advertisements without first paying the same to the petitioners during the pendency of the writ petition.

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2( Therefore, in view of the prayer made by learned counsel for the petitioners, respondents No.3 and 4 are directed to consider the 4 )!

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opportunity of hearing to the petitioners, within a period of 03 months from the date of receiving a certified copy of this order. Further, the decision taken thereof shall be conveyed to the petitioners. 8( 

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Disposed of, accordingly, so also the pending miscellaneous application(s), if any.

  

  

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