Use Of Notional Breaks Against Employee Has Been Repeatedly Deprecated As Unfair Practice: Punjab and Haryana HC Grants Relief To PRTC Employee

Observing that use of notional breaks against an employee has been repeatedly deprecated as unfair practice at the hands of the employer, the Punjab and Haryana High Court has granted relief to an employee of PEPSU Road Transport Corporation (PRTC)

Justice Pankaj Jain said that the petitioner was working as a daily wager with PRTC and was not in a position to avoid such breaks. There is no allegation that the said notional breaks was owing to the fact that the petitioner was not willing to work, said the court.

"The short question involved is as to whether a notional break of one day can be read to the peril of the petitioner to reject his claim. Law w.r.t. notional breaks at the instance of the employer is well settled and has been repeatedly deprecated as unfair practice at the hands of the employer," said the court, while granting relief to one Bhajan Singh.

Singh in the petition filed through advocate Vikas Chatrath had sought quashing of the impugned order dated 12.04.2016 passed by the PRTC, whereby his claim for counting daily wager service prior to regular appointment towards the pensionary benefits was rejected. The issue related to the period w.e.f. 24.08.1975 till 31.10.1976.

It was argued before the court that Singh is entitled for counting of the said period for the purpose of pensionary benefits. However, the PRTC declined the same saying that the work was not continuos.

Bhupinder Pal Singh, Managing Director, PRTC in an affidavit said the the service rendered by the petitioner w.e.f. 24.08.1975 to 31.10.1976 was not counted for the purpose of pensionary benefits as the petitioner has not continuously worked for the said period.

"The petitioner had joined the respondent corporation on 24/08/1975 and had worked till 04/12/1975. Thereafter, the petitioner was again appointed on 06/12/1975 till 31/10/1976. Hence there is a break of 1 day in service rendered by the petitioner. It is also pertinent to mention here that the petitioner was again appointed w.e.f. 02/11/1976, hence there is also a break of 1 day in the service rendered by the petitioner. Since the period from 24/08/1975 till 02/11/1976, there is no continuity in service of the petitioner, therefore, the said period cannot be counted for the purpose of pensionary benefits," the PRTC said in the affidavit.

The court held the petitioner to have continuously worked from 24.08.1975 to 31.10.1976 with the PRTC. "[He] is held to be entitled for counting of the said period towards the terminal benefits in terms of law laid down in State of Punjab vs. Ram Singh, reported as 2011 (17) SCT 932," said the court, while allowing the petition.

Title: Bhajan Singh versus PRTC

Citation: 2023 LiveLaw (PH) 22

Click Here To Download Judgment