BISHUNDEO SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition, prayer on behalf of the Petitioner is to direct the Respondents to regularise his service as Carpenter in Zila Parishad and in the alternative to pay actual minimum wage from 23.3.1998.

(2.) In short, the relevant facts are that the Petitioner claims to have initially joined Zila Parishad on muster roll basis on 4.3.1982 on the wage of Rs. 14/- per day. Petitioner was removed from service in the year 1985 against which he went to Labour Court. It appears that-the Labour Court gave award in his favour for his reinstatement, and accordingly he was (sic) on 23.3.1998 finally in pursuance to the award and has; been con-(sic) in the employment of Zila Parishad till date. It is alleged that service of Respondent Nos. 3 & 4 were regularised from 21.12.1982 and (sic) .1.1994 respectively, whereas the claim of the Petitioner for regularisation was not considered. On the contrary he was removed in the year 1985. His further (sic) is that minimum wage of Car-(sic) was Rs. 48.10 per day on 5.3.1998 and from 25.5.1998 it has been creased to Rs. 59/- per day, but due to malafide action of Respondent No. 2 the services of the Petitioner has neither been (sic) nor he has been paid minimum wages.

(3.) A counter affidavit has been filed behalf of Respondent No. 2 in which it stated that there is only one sanctioned (sic) of Carpenter in Zila Parishad on (sic) one Sri Krishna Prasad Sharma (sic) appointed in the year 1972 and is (sic) on the said post till now, Accord-(sic) the case of the Respondents, no sanctioned vacant post of Carpenter is available with the Respondent-Zila Parishad on which services of the Petitioner can be regularised. It is further stated that the matter regarding creation of post is a policy matter and has to be taken at the level of the State Government which by its resolution dated 16.3.1991 has imposed ban on creation/appointment/promotion to any post without prior approval of the Government. As regards wages, it is stated that the State Government has revised the minimum wage @ Rs. 90/- per day from 29.8.1998 and pursuant to the aforesaid order, the Respondent-Zila Parishad has already issued an order dated 22.1.2001 for payment of Rs. 90/- per day as minimum wage to the Petitioner with effect from 29.8.1998.