MATUKDHARI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed by the sole petitioner seeking a direction from this Court under Articles 226 and 227 of the Constitution of India for application and benefit of the principle "equal pay for equal work".

(2.) The petitioner is an employee of the Bihar State Text Book Printing Corporation, Patna (hereinafter referred to as "the Corporation"). He is a graduate by qualification having passed in the year 1978 from the Magadh University. Thereafter, he obtained a specialised training for the post of Mono Operator from the respondent Corporation for three years and having known about the vacancy of Hand Compositor in the Corporation, he applied for the same. He was put to test by the Technical Officer and Works Manager and appointed in July,1981, as daily wage worker. Since then he has been working without any breack in the service for more than 240 days and on joining the service he was getting Rs. 10/- as daily wage which was subsequently increased to Rs. 15/- and Rs. 18/- for the year 1984 and finally he was allowed Rs. 25/- in the year 1985. As against this, those who are holding the same posts as permanent Hand Compositors are getting monthly salary of Rs 2040/- (approximately). As already stated, the petitioner is getting Rs, 251- per day without any other service benefits which have been granted to similarly situated employees of the Corporation.

(3.) It is pointed out that for posts are still vacant but even then the petitioner has been working as a daily wage worker since 14-7-1981 In addition to his work as Mono Operator, he has been performing the work of Mono Key Operator, a superior post for which he had taken training for a period of three years from the respondent Corporation and for which a certificate was granted (Annexure 1). The grivance of the petitioner is that even if it is not possible to employ him on permanent basis yet he was fit to be granted equal pay which was being paid to similar employees for carrying the same nature of work. He has, therefore claimed equal pay for equal work since 14-7-1981 and in the alternative he has prayed that he may be made a permanent employee on the post on which he is working.