STATE OF MAHARASHTRA Vs. CHANDRAKANT RAMRAO PHADATARE

JUDGEMENT

(1.) THE Petitioner seeks a writ of certiorari to quash a circular dated 7.11.1988, a writ of mandamus directing the Respondents to implement a Notification dated 15.5.1986 issued under the Minimum Wages Act, 1948 (hereinafter the "said Act") and to direct the Respondents to pay equal wages for equal work to all the employees of the Respondents irrespective of the project or the scheme under which they are purported to be employed.

(2.) PETITIONER No.1 is a Federation of Trade Unions registered under the Trade Unions Act, 1986. Petitioner No.2 is also a registered trade union for the Konkan area. Petitioner No.3 is an employee of Respondent No.3. The Petition is filed for the benefit and interest of all workers affected by the aforesaid notification. Respondent No.2 is the secretary to the Ministry of Forests, Government of Maharashtra. Respondent No.3 is the Chief Conservator of Forests. Respondent No.4 is the Director, Social Forestry. Respondent No.5 is the Managing Director of the Maharashtra State Forest Development Corporation.

(3.) THE Petitioner's grievance is that despite the aforesaid assurances the workers are not paid according to the Minimum Wages Notification and are treated as employees under the Employment Guarantee Scheme and paid wages accordingly which are less than the wages prescribed under the Act. This, it is alleged is despite the fact that the Respondent's duties and functions are not different from those performed by the regular employees employed through the department. It is further alleged that the workers are actually employed for the purposes of the same projects. There is therefore no justification to treat the employees under the Employment Guarantee Scheme differently by paying them less wages.