ASHOK KUMAR GARG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed against the judgment of the learned Single Judge dated 7. 10. 1991 and is restricted only on one point namely; that a prayer was made for grant of benefit for equal pay for equal work in the writ petition which has been reproduced at page 6 of the judgment but while deciding the said writ petition the learned single Judge has not given any decision thereon. The present is a matter in respect of 36 writ petitions and different prayers were made in the writ petitions.

(2.) IN the judgment, the learned single Judge has reproduced the arguments which were raised and in those arguments the plea of grant of benefit of equal pay for equal work was not raised and, therefore, there was no occasion for the learned single Judge to decide or adjudicate upon the said issue inspite of the fact that the said prayer was made in the writ petition. The proper course for the petitioner was, if a decision has not been given on a particular point, to move to the review petition as has been observed by the Apex Court in the case of Bank of Baroda vs. Mahaveer Lal (1 ). The question as the whether the petitioner is entitled for equal pay on the basis of equal work is a question of fact and number of factors have to be taken into consideration for that.