LAWS(BOM)-2009-11-13

SAHEBRAO KARBHARI GUNJAL Vs. STATE OF MAHARASHTRA

Decided On November 04, 2009
SAHEBRAO KARBHARI GUNJAL Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard learned counsel for the respective parties.

(2.) This petition has been filed by the petitioners under Articles 226, 12, 14 and 16 of the Constitution of India. During pendency of this petition, the petition has suffered amendment with the leave of this Court. In view of the subsequent facts and events, the petitioners are not pressing some reliefs which they had sought in the petition proper. Learned counsel appearing for the petitioners, on instructions, submits that prayer clauses (A), (B), (C), (D), (E) and (F) are not being pressed on behalf of the petitioners. In stead, the petitioners are now seeking writ in terms of prayer clauses (CC), (DD) and (EE).

(3.) Fundamental Rights enshrined in Chapter III of the Constitution of India, in fact, is the gift to the Citizens of this nation. Apart from the fundamental rights, directive principles of the state policy have been laid down under Chapter IV of the Constitution. Article 38 contemplates that State shall secure a social order for promotion of the welfare of the people/citizen. Article 38(2) contemplates that State shall minimize the inequalities in income and shall endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals, but also amongst groups of people engaged in different vocations. Article 39 provides that the State shall direct its policy towards securing right to an adequate means to livelihood. In the case on hand, we are concerned with the policy under Article 39(d) i.e. "Equal Pay for Equal Work" for both men and women.