MUTHIAH Vs. DIVISIONAL MANAGER MEIVOR TEA DIVISION CHERNAGADA POST VIA MANGO RANGE THE NILGIRIS DISTRICT

JUDGEMENT

(1.) THIS writ petition has been filed by the writ petitioner invoking Art. 226 of the Constitution of India, seeking for a writ of certiorarified mandamus, to call for the records in Notice No. Na.Ka. 3036/ C/94, dated 20.12.1994 on the file of the respondent and to quash the same and direct the respondent to pay the wages as per V Pay Commission applicable to the Skilled workmen (Carpenter) of the Corporation Employees.

(2.) IN support of the writ petition, the petitioner has filed an affidavit wherein he has narrated all the facts and circumstances that forced them to file the present writ petition. On behalf of the respondent, a counter affidavit has been filed rebutting all the material allegations levelled against them one after the other and ultimately they requested this Court to dismiss the writ petition for want of merits.

(3.) IN this case, it is not in dispute that the erstwhile cinchona Department was taken over by the respondent Corporation and that the same was governed by G.O.Ms.No.221. dated 3.4.1990. It is also admitted that the petitioner was a permanent workman in the erstwhile Cinchona Department and at the time of take over he was working as 'skilled Workman "and was getting Rs. 42.60 per day which was admittedly more than Rs.7.20 of the ordinary workman. However, as could be seen from the impugned order the petitioner is entitled to get only Rs.36.58 and also it is admitted that he was considered to be only a workman. IN other words, the petitioner was not only depromoted in status but also is being given lesser wages than the one while he was in the Cinchona Department.