AI Structured Summary
Not yet generated for this judgment
Judgment
Gokal Chand Mital, J.—This judgment will dispose of Civil Writ Petition Nos. 9336 and 9430 of 1987 as common questions arise therein.
In CWP No. 9336 of 1987 there are six petitioners. The grievance of the first four petitioners is two fold; one that they are not being paid the same wages which are being paid to the other workers on the rule of equal pay for the equal work and they are being discriminated against and two that they have worked for more than 240 days and their services are intended to be dispensed with without following the legal procedure provided in the Industrial Disputes Act, 1947 (for short ''the Act'').
The claim of the remaining two petitioners is regarding the second point because they are getting wages which are being paid to other regular workers. In the other writ namely CWP No. 9430 of 1987, there are two petitioners and they have both the grievances.
The first matter is covered by a Division Bench judgment of this Court in CWP No. 5258 of 1987 (Daya Nand v. State of Haryana), decided on 29.10 1987, wherein on the basis of Supreme Court decisions it is held that the workers like the petitioners are to be given the same salary and other benefits as are being given by the respondents to other employees, who are doing similar type of job as regular employees. The learned counsel for the respondents could not raise any argument for not following the aforesaid Division Bench judgment. Accordingly, it is ordered that the first four petitioners in CWP No. 9336 of 1987 and the two petitioners in Civil Writ Petition No 9430 of l987 shall be given the same pay and other allowances as are being paid to the regular employees for doing the same job. If the appointments of the petitioners are within three years and two months of the filing of the writ petition, then they would be paid wages from the date of appointment and if they were appointed earlier thereto in that case they would be entitled to the wages for three years and two months only.
Adverting to the second point, all the petitioners in both the writ petitions have completed much more than 240 days and since they would come within the ambit of being ''workmen'' as the Municipal Committee has been held to be industry in The The Corporation of the City of Nagpur Vs. Its Employees, , all provisions of the Act would become applicable to them and their services can be terminated only in accordance with law after following the legal procedure. As and when their services are terminated in violation of the mandatory provisions of the Act, it will be open to them to move for redress.
The writ petitions stand allowed with costs in the terms indicated above. The costs are quantified at Rs. 500/- in each case.
The learned counsel states that Civil Misc. No. 6409 of 1988 in CWP No. (sic) of 1987 has become (sic) in view of the order passed today. The same is dismissed as infructuous.