State and ors Vs. Udai Das Vaishnav and anr - Court Judgment

SooperKanoon Citationsooperkanoon.com/1100191
CourtRajasthan Jodhpur High Court
Decided OnNov-23-2013
AppellantState and ors
RespondentUdai Das Vaishnav and anr
Excerpt:
[1].in the high court of judicature for rajasthan at jodhpur order s.b civil writ petition no.4860/2005 state of rajasthan & ors.versus udai das vaishnav & anr. date of order : 23.11.2013 present hon'ble mr.justice govind mathur mr.hemant choudhary for the petitioners mr.vinay jain for the respondent-workman by the court : in pursuant to the order dated 12.11.2013 passed by a co-ordinate bench, this matter came up for its adjudication in the spirit of lok adalat. this petition for writ is preferred to challenge the award dated 06.11.2004 passed by the labour court, bhilwara in labour case no.29/1997. by the award aforesaid, the labour court while answering a reference made to it by the appropriate government under a notification dated 03.11.1997 arrived at the conclusion the employer did not commit any wrong by not making regularization of the [2].workman with effect from 10.03.1983 in class-iv service cadre. at the same time, a direction was given for making the payment of wages to the workman at the minimum of regular pay scale applicable to the post of cadre of class-iv employees. it is submitted by learned counsel for the petitioners that once the labour court arrived at the conclusion that the workman was not entitled for regularization in service, there was no need for directing to award him regular pay scale. i do not find any merit in the argument advanced. at the firs.instance, it shall be appropriate to mention that the labour court, as a matter of fact, has not granted regular pay scale to the workman, but the wages at the minimum of the regular pay scale. this determination is made on the basis of the principle of equal pay for equal work as enshrined under article 14 and 39-d of the constitution of india. the award impugned, as such, does not suffer from any error that may warrant interference while exercising powers under articles 226 and 227 of the constitution of india. the writ petition is dismissed, accordingly. [govind mathur].,j. pramod
Judgment:

[1].IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER

S.B CIVIL WRIT PETITION NO.4860/2005 State of Rajasthan & ORS.Versus Udai Das Vaishnav & Anr.

Date of Order : 23.11.2013 PRESENT HON'BLE Mr.JUSTICE GOVIND MATHUR Mr.Hemant Choudhary for the petitioners Mr.Vinay Jain for the respondent-workman BY THE COURT : In pursuant to the order dated 12.11.2013 passed by a co-ordinate Bench, this matter came up for its adjudication in the spirit of Lok Adalat.

This petition for writ is preferred to challenge the award dated 06.11.2004 passed by the Labour Court, Bhilwara in Labour Case No.29/1997.

By the award aforesaid, the Labour Court while answering a reference made to it by the appropriate government under a notification dated 03.11.1997 arrived at the conclusion the employer did not commit any wrong by not making regularization of the [2].workman with effect from 10.03.1983 in Class-IV service cadre.

At the same time, a direction was given for making the payment of wages to the workman at the minimum of regular pay scale applicable to the post of cadre of Class-IV employees.

It is submitted by learned counsel for the petitioners that once the Labour Court arrived at the conclusion that the workman was not entitled for regularization in service, there was no need for directing to award him regular pay scale.

I do not find any merit in the argument advanced.

At the fiRs.instance, it shall be appropriate to mention that the Labour Court, as a matter of fact, has not granted regular pay scale to the workman, but the wages at the minimum of the regular pay scale.

This determination is made on the basis of the principle of equal pay for equal work as enshrined under Article 14 and 39-D of the Constitution of India.

The award impugned, as such, does not suffer from any error that may warrant interference while exercising powers under Articles 226 and 227 of the Constitution of India.

The writ petition is dismissed, accordingly.

[GOVIND MATHUR].,J.

Pramod