UTTARAKHAND SUGARS Vs. SUNIL KUMAR

JUDGEMENT

(1.) Ramesh Ranganathan, C.J. (Oral):- Heard Sri. T.A. Khan, learned Senior Counsel appearing on behalf of appellants and Sri. Shobhit Saharia, learned counsel for the respondents-writ petitioners, and, with their consent, the appeal is disposed of at the stage of admission.

(2.) The respondents-writ petitioners herein invoked the jurisdiction of this Court by filing WPSS No. 333 of 2019 seeking a mandamus directing the respondents, more particularly respondent no. 2, to grant equal pay for equal work to the respondents-writ petitioners w.e.f. their regular appointment for the work and duties taken from them of higher post while giving him them the salary of a Mazdoor.

(3.) At the stage of admission of the writ petition, and even without the appellants herein being given an opportunity of filing their counter affidavit, the learned Single Judge observed that, since the respondent-writ petitioners were appointed under the Dying in Harness Rules, such appointment is always regular in nature. The writ petition was disposed of directing the appellants to consider and take an appropriate decision on payment of equal salary in the light of the judgment rendered by the Supreme Court in State of Punjab v. Jagjit Singh, (2017) 1 SCC 148. The appellants were directed to consider the representation within a period of six weeks from the date of presentation of the certified copy of the order.