STATE OF MAHARASHTRA Vs. SHANKAR BAPURAOJI GHADGE

JUDGEMENT

(1.) RULE heard finally by consent of parties.

(2.) BY invoking the writ jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, the State of Maharashtra and the petitioners have challenged the order dated 26-7-1991 passed by the industrial Court in Complaint (ULP) No. 409/1986, who partly allowed the complaint and directed the petitioners to fix the pay of respondent no. 1 as Muster Assistant, w. e. f. 23-1-1985 in the pay scale of Rs. 205/-and to pay him wages of the pay scale right from 23-1-1985 till 10-8-1987, deducting the amount of Rs. 300/- per month which has already been paid with cost of Rs. 200/ -.

(3.) THE relevant facts are as under : the respondent No. 1 initially worked with the petitioner in the year 1983 and he worked in the National Highway Division No. 49 in the capacity of Mazdoor on nominal muster roll (NMR) on daily wages as per rules till 22-1-1985. He was appointed to work as Mustering Assistant under the Employment Guarantee Scheme (E. G. S.) on a consolidated salary of Rs. 300/- per month purely on temporary basis. The service conditions were mentioned in the appointment order and his services were liable to be terminated without assigning any reason. The respondent No. 1 ultimately agreed to work on a consolidated salary of Rs. 300/- per month and he never worked as Muster clerk on regular basis in place of the Muster Clerk. Shri Deo and that post was quite different from the post of Mustering Assistant. The respondent No. 1 was not entitled to be appointed in the post of Muster Clerk and claim pay scale of that post. Whenever the work of E. G. S. was closed, the services of the respondent No. 1 were utilised for the purpose of computation of arrears of wages of mazdoor sand recording their attendance. The respondent No. 1 was transferred to Nagarjun in Ramtek tahsil on 25-9-1986 on E. G. S. work where he was paid consolidated salary of Rs. 300/per month as Mustering Assistant and after completion of E. G. S. work, his services came to be terminated on 10-8-1987.