STATE THROUGH EXECUTIVE ENGINEER KOSHI CONSTRUCTION DIVISION II, RAMNAGAR Vs. IST ADDL DISTRICT JUDGE NAINITAL

JUDGEMENT

(1.) LIST of hearing cases has been revised. No one appears for the workers, Sri Subhash Upadhyaya, the learned Brief Holder for the State of Uttarakhand/petitioner is present.

(2.) THE present writ petition is against the order dated 08.05.1991 passed by the respondent no. 2 - prescribed Authority as well as the order dated 19.06.1995 passed by the respondent no. 1 appellate authority under the Payment of Wages Act.

(3.) IT transpires that the respondent nos. 3 to 17 - workers were working on muster roll basis in the Kosi Construction Division, Ramnagar for several years and were being paid the wages given to muster roll employees. The workers filed a claim application under Section 15 of the Payment of Wages Act praying that they should be given the wages as per the Minimum Wages Act, which was paid to unskilled and semi -skilled workers @ Rs. 25/ - per day and Rs. 40/ - per day respectively. It further transpires that during the pendency of the claim application, the workers moved an amendment application praying that they should be given wages as per the minimum wages paid to the regular employees. The prescribed authority, after considering the evidence, allowed the claim application holding that the workers are entitled for the wages as paid to regular workers on the principle of equal pay for equal work. The petitioner, being aggrieved, filed an appeal, which was rejected against which the petitioner has filed the present writ petition.