LAWS(BOM)-2003-1-146

MAHARASHTRA STATE COOPERATIVE COTTON GROWERS FEDERATION EMPLOYEES UNION Vs. MAHARASHTRA STATE COOPERATIVE COTTON

Decided On January 20, 2003
MAHARASHTRA STATE COOPERATIVE COTTON GROWERS FEDERATION EMPLOYEES UNION Appellant
V/S
MAHARASHTRA STATE COOPERATIVE COTTON Respondents

JUDGEMENT

(1.) THE petitioners in these petitions, the seasonal employees of the Maharashtra State Cooperative Cotton Growers Marketing Federation Limited (the federation for short) along with their Union are claiming parity in wages including pay-scale and other allowances with that of regular employees in pursuance of the recommendations made by the Bhuibar Committee.

(2.) THE petitioners are seeking writ of mandamus against the respondent no.1, the Federation in that behalf and prayed that the respondent no.1, the Federation should be directed not to make any discrimination in the matter of payment of wages between the seasonal employees and the regular employees. The basis of the claim set up in the petition is that the seasonal employees are discharging similar and identical duties which are being discharged by the regular employees of the federation. Thus, the petitioners have invoked the principle of equal pay for equal work.

(3.) IT is further submitted that the petitioners cannot claim as of right the parity in pay with that of regular employees as there is no rationale or any justification in the claim of the parity between the two well defined groups of employees looking to the nature of their duties, responsibility, accountability and workload. They could be granted different pay scales. Two sets of employees being totally different, they cannot be treated at par for the purposes of pay-scale and other allowances unless adequate evidence is allowed to be brought on record is the last submission.