STATE OF MAHARASHTRA Vs. NARAYAN BABARAO LONIKAR

JUDGEMENT

(1.) These writ petitions are directed against identical orders passed by the Judge, Labour Court in various applications filed by respondent no. 1 in each petition under Sections 33C(2) of the Industrial Disputes Act, 1947, claiming difference of wages on the principle of "equal pay for equal work". All respondent no. 1 in these writ petitions are employees of Government Milk Dairy at Udgir. The order challenged in Writ Petition no. 2778 of 1996 was passed on 12.8.1992 and in remaining Writ Petitions the order challenged was passed on 13.1.1993.

(2.) In all these matters the case of all respondent no.1 is that they have been working on daily wages applicable to unskilled labourers. They have worked with the petitioners continuously for several years. Due to continuous service within the meaning of Section 25B of the Industrial Disputes Act, 1947 (hereinafter referred to as, "the Act of 1947") they are entitled to regular scale and regular increments. Each has given details of period for which he worked in the Government Dairy.

(3.) Learned Judge, Labour Court gave declaration that respondent no. 1 were entitled to difference of wages with pay scale of Rs. 200 - 280 with regular increments and dearness allowance payable thereon. He further directed in some of the petitions that from 1.1.1986, pay scale of Rs. 750 - 1200 with regular increments and dearness allowance be allowed. Only such order is not passed in Writ Petition No. 2780 of 1996 apparently because he left the service and joined Armed Forces.