ARJUN PRASAD SHARMA Vs. BIHAR STATE SMALL INDUSTRIES

JUDGEMENT

(1.) In this writ application the petitioners have sought for issuance of a writ of or in the nature of mandamus directing the respondents to regularise the services of the petitioners as also for giving equal pay for equal work and other incidental reliefs.

(2.) The petitioners are said to be the workmen of the respondent-Corporation. According to the petitioners the workmen of the respondent-Corporation are in three categories first category is of those who are appointed on substantive and permanent post, the second category of the workmen are employees on daily wages basis and third category workmen are piece rated workmen. According to the petitioners they are not treated at par with the employees who are employed on a substantive and permanent post in the matter of grant of various allowances including house rent allowance, city allowance etc.

(3.) Admittedly, an Industrial Dispute was raised which gave rise to a reference made by State of Bihar being Reference case No. 4/15 of 1973/76, wherein allegedly the piece rated workmen were directed to be made permanent after three to four years. It is stated that those persons who were piece rated workmen before the reference, were made permanent. The petitioners have contended that no other person was made permanent nor was placed on a regular scale of pay although allegedly the nature of duties performed by them is same and similar to those of the workmen employed on permanent post.