Madhya Pradesh High Court
Manohar Lal Kushwaha vs The State Of Madhya Pradesh Thr on 9 April, 2019
1 WP-5919-2015
The High Court Of Madhya Pradesh
WP-5919-2015
(MANOHAR LAL KUSHWAHA Vs THE STATE OF MADHYA PRADESH THR)
Gwalior, Dated : 09-04-2019
Shri B.P. Singh, Advocate for the petitioner.
Shri R.S. Bansal, Deputy Govt. Advocate for the respondent/State.
Petitioner has preferred present petition under Article 226 of the Constitution claiming following reliefs:-
"It is humbly prayed that the writ petition may kindly be allowed and the respondents be directed to grant the benefit of minimum wages /pay-scale to the petitioner since from the date of his initial appointment and the arrears be paid with interest.
That, respondents be further directed to regularize the petitioner as the petitioner was appointed after due selection process and the similarly situated persons who have been appointed by the same order as Shiksha Karmi Grade-III have been regularized vider order Annexure P/20 and the seniority be also awarded to the petitioner from the date of his appointment for other benefits in the interest of justice.
Any other writ, order or direction as this Hon'ble Court my deems fit in the facts and circumstances of the case be granted. Costs be awarded."
Learned counsel for the rival parties are heard on the question of admission and final disposal.
Bare facts reveal that an award was passed in favour of petitioner/workman under the Industrial Dispute Act, 1947 on 8/2/12 vide P/5 holding the termination of petitioner dated 26/4/01 to be unlawful retrenchment and directing for reinstatement without back-wages within a period of one month.
Grievance of petitioner is that after the aforesaid award attained finality 2 WP-5919-2015 due to failure of either parties to challenge the same, workman/petitioner was though reinstated on 31/7/12 but he is still being paid salary @ Rs. 300/- per month as was being paid twenty (20) years ago i.e. in 1999 when petitioner was initially engaged.
Learned counsel for the petitioner urges that petitioner was and is working full time i.e. at least eight hours since last 20 years and therefore, is also entitled to regularization. It is also contended that petitioner ever since his initial engagement with the respondents on 7/12/99 has completed 20 years of service and therefore his services are required on a perennial basis and not temporarily, and yet he is not being regularized.
The return filed by the State admits that petitioner is being paid salary @ Rs. 300/- per month but justifies this by submitting that petitioner is not a full time worker but works only part time and therefore, he is entitled to only Rs. 300/- per month. Return of the State further refutes the claim for regularization.
In rejoinder, petitioner has brought on record a certificate dated 15/4/17 of Principal of Higher Secondary School Bamore Damron Block Pichhore District Shivpuri certifying that petitioner is a full time worker who works for eight hours everyday and his work is satisfactory.
Bare facts of the case reveal a shocking state of affairs where a person who is working since last 20 years in a government establishment, is being paid salary as low as Rs. 300/- per month (Rs.10/- per day).
In present time when Rs. 300/- per month is the daily salary of unskilled or semiskilled daily wager, it is a matter of great concern that Govt. of M.P. which claims to be a welfare State is including in "Begar".
More so, the salary which was being paid to the petitioner in 1999 when he was initially engaged, continues to be paid at the same rate. More so the benefit of pay revision in these last 20 years as extended to others, has not reached the petitioner for whom time has been made to stand still.
This court thus, unhesitatingly allows this WP in following terms:-
3 WP-5919-2015
(i) A writ of mandamus is issued directing the respondents No. 1 to 5 to consider the case of petitioner for regularization and pass a speaking order in that regard.
(ii) A writ of mandamus is further issued to the respondents No. 1 to 5 to revise the wages/salary of petitioner by treating the base salary as the lowest stage in pay-scale admissible to the lowest grade in Class-IV category without increment as in 1999 and thereafter revise the same as and when pay/wage revisions have taken place since 1999 till date.
(iii) Further mandamus is issued to respondents to pay arrears of difference of wages/salary which arise out of aforesaid revision of pay.
(iv) The aforesaid directions be complied with within a period of three months from the date of receipt of certified copy of this order.
(v) Looking to the callous and insensitive attitude of the State and it's functionaries depriving the petitioner of a living wage in the least and the temerity to justify the attitude in the return, exemplary cost deserves to be imposed while petitioner deserves to be correspondingly compensated. Consequently, respondents are directed to pay cost of Rs. 10,000/- to the petitioner within a period of two (2) months from today by crediting the said cost to the bank account of the petitioner and furnish compliance report to the Registry of this court. With the aforesaid directions, this petition stands allowed.
(SHEEL NAGU) JUDGE ojha YOGEND RA OJHA 2019.04.
1114:25:17
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