JODHPUR REGION PWD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner, Jodhpur Region PWD [B and R] Majdoor Sangh (INTAK), Phalodi (hereinafter referred to as 'the Sangh') has filed this writ petition on behalf of workmen whose names, as mentioned in the Schedule appended with the writ petition are as under:

(2.) THE petitioner has approached this Court on behalf of above -mentioned persons for regularisation of their services in the department and for granting them pay in the regular pay scale obligation to pay same wages to the employees doing similar duties. If any discrimination is made between the employees doing similar duties under the same employer, the action of the employer is liable to be declared as unconstitutional unless the discrimination can be justified on some rational principle. As far as the present case is concerned as I have already, noticed, the respondents have completely failed in showing any difference in the nature of duties being performed by the employees belonging to the Irrigation Wing on the one hand and the Agriculture Wing on the other hand of the Command Area Development Department. Thus, it is held that the members of the petitioner Sangh have been subjected to discriminatory treatment and the respondents have violated their constitutional right of equality enshrined under Articles 14 and 16 of the Constitution by denying them the benefit of workcharge pay scale.'

(3.) THE decision of this Court in Vinnay Kumar's case has been reported in 1991 (1) WLR 192.