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Judgment
Arup Kumar Goswami, CJ
1) Heard Mr.P.Nagendra Reddy, learned counsel representing Mr.E.V.Jagannadha Rao-learned counsel, appearing for the appellants.
2) Also heard Mr.K.R.Srinivas, learned counsel for the respondents.
3) Challenging the order dated 29.08.2019 passed by the learned single Judge in W.P.No.279 of 2019, the present appeal is filed.
4) By the aforesaid order, the learned single Judge directed the appellants herein to pay wages to the writ petitioners at the minimum of the pay scales, which are applicable to the regular employees holding the same post, with effect from 01.09.2019.
5) Reliance has been placed on a judgment of the Hon'ble Supreme Court in Sabha Shanker Dube vs. Divisional Forest Officer and others, reported in 2018 Law Suits (SC) 1134, wherein, the Hon'ble Supreme Court has laid down that temporary employees are entitled to draw wages at the minimum of the pay scales which are applicable to the regular employees holding the same post.
6) Mr.P.Nagendra Reddy, learned counsel representing Mr.E.V.Jagannadha Rao-learned counsel for the appellants, submits that the aforesaid judgment is not applicable to the facts of the present case. The writ petitioners are not temporary employees of the appellant, but they are outsourcing employees and this aspect of the matter had not been considered by the learned single Judge. Mr.K.R.Srinivas, learned counsel for the writ petitioners, does not dispute the above submission.
7) In that view of the matter, the impugned order of the learned single Judge is set aside and the matter is remanded back to the learned single Judge for fresh disposal.
8) Registry to list this case before the learned single Judge having appropriate roster, on 10.05.2021. The appellants, if so advised, may file their counter-affidavit on or before 03.05.2021. It is made clear that no further time will be granted for the purpose of filing counter-affidavit on behalf of the appellants.
9) Accordingly, the writ appeal is disposed of. No costs.
Pending miscellaneous applications, if any, shall stand closed.