LAWS(GJH)-2023-1-45

RAMESHBHAI CHATURBHAI PARMAR Vs. STATE OF GUJARAT

Decided On January 06, 2023
Rameshbhai Chaturbhai Parmar Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed for following reliefs:-

(2.) Learned advocate for the petitioner submitted that the petitioner has succeeded before the Labour Court as the services of the petitioner were sought to be terminated. Thereafter, the petitioner was ordered to be reinstated with continuity in service however, now instead of granting the petitioner regularization in service, considering the longevity of his service, the respondent authorities are issuing advertisement by which new persons by which person are to be appointed on the very post which is occupied by the petitioner. Another issue that the petitioner has raised is in connection with the parity in pay and submitted that the persons who are juniors to the petitioners and are working as Pump Operators with the respondent Nagarpalika are being paid more than what is being paid to the petitioner. Learned advocate for the petitioner has submitted that the petitioner who is discharging his duty as Pump Operator is being paid Rs.8000.00which is below the minimum wages., at the same time, the other persons who are also employed as Pump Operators are receiving at least Rs.16,500.00.

(3.) Learned advocate has relied upon the decision of the Apex Court in case of Umrala Gram Panchayat v/s. Secretary, Municipal Employees Union And others, reported in 2015 (3) GLR 2197 and drawn attention of this Court to para-3 to claim parity of pay at least considering the nature of work done by the petitioner.