PREM CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) The original application under Section 19 of the Administrative Tribunals Act 1985 is for payment of wages for rate fixed by the government vide order dated 15.5.1990 Annexure A -1 and Annexure A -2 dated 23.8.1991. The applicant claims same wages as are given to the regular hand.

(2.) The applicant was engaged as Mali in the year 1983. Since then he is continuously working without any break. He used to get ten rupees daily in the year 1986 which was increased to Rs.12/ - and then to Rs.15/ - in the year 1991. He was getting Rs.22/ - w.e.f. April, 1991. Presently he is getting only Rs. 22/ -. The government of Himachal Pradesh vide notification dated 15.5.1991, Annexure A -1 has fixed daily wages of daily rated workers which includes Chowkidar, Sweeper, Mali etc. were fixed at the rate of Rs. 34.50 Paise. It was further increased to Rs. 37.75 Paise vide notification annexure A -2 dated 23.8.1991. Therefore, he is claiming wages at the rate of Rs. 34.50 paise w.e.f. 1.5.1990 to 1.5.1991 and Rs.37.50 Paise w.e.f. 1.5.1991 as per notification annexure A -1 and A -2 respectively because there is no difference between the work performed by him and work performed by the Mali on regular basis.

(3.) The respondents while resisting the OA has raised preliminary objection that the applicant is not performing as Mali. He is performing as a daily rated Mazdoor, therefore, rate fixed by the government vide annexure A -1 and A -2 are not applicable to the applicant. He is drawing Rs.22/ - per day as he is un -skilled labourer and wages are being paid under the Minimum wages Act. The applicant being daily rated workman is not holding the civil post. There is no post of regular Mali against which the services of the applicant can be regularized. Therefore, OA is liable to be dismissed.