NINABEN H BHATT Vs. GOVT OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition under Article 226 of the Constitution of India challenging the order dated 31.01.1994 whereby the petitioner was placed in fixed pay of Rs.1,000/ - as against the last salary of Rs.2,475/ - drawn by the petitioner in the regular pay scale.

(2.) It is the case of the petitioner that the petitioner was appointed as SewingTeacher on 2.11.1979with Gariadhar Gram Panchayat and later on in the year 1983her services were regularized. It is stated in the petition that the petitioner is drawing salary of Rs.1,250/ - as basic pay plus dearness allowance, medical allowance and other benefits making total to Rs.2,475/ - per month which was the salary last drawn in the month of January, 1994. The petitioner has further averred that some daily rated employees raised demand before the Assistant Labour Commissioner and the Assistant Labour Commissioner in the Conciliation Case No.104/1989, fixed the pay scale, but the petitioner was not informed about any pending case before the Assistant Labour Commissioner and was compelled to accept new pay scale as determined in the conciliation case. On such basis, the respondent No.2 issued order to the petitioner on 31.01.1994 fixing the pay of the petitioner at Rs.1,000/ - only. The said order was served to the petitioner on 21.02.1994. It is the case of the petitioner that by such fixed pay, the salary of the petitioner was reduced to the extent of Rs.1,500/ -. The petitioner, therefore, challenged the above order on the ground that the pay of the petitioner was reduced after more than 15 and half years without following principles of fair play, equity and in arbitrary manner. It is also one of the grounds of the petitioner that the petitioner was a regular employee and the dispute before the Assistant Labour Commissioner was not in respect of regular pay and the petitioner was kept in dark and was made to suffer loss on account of decision taken by the Assistant Labour Commissioner.

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