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8. The Writ petition No. 131/91 filed by Kshetriya Hand Pump Sudhar Sangharsh Sami-ti, the petitioner has staled that it is a union registered under the Trade Unions Act. Its members are working as hand pump Mistries in the Panchayal Samili, Hindaun. It has claimed that 31 persons arc its members and the writ petition has been filed on behalf of these persons. The petitioner has stated that all its members are fully trained to carry out the repair work of hand pumps. Most of them have undergone training under theDirectoratc of Technical Education of Jodhpur in the various training programmes undertaken by the District Rural Development Agency. Some of them have undertaken training under the Junior Engineers of Public Health Engincring Department. The petitioner has stated that its members are employed since January 1984 to March 1989 and they are continuously working under Panchayat Samili, Hindaun. The work undertaken by them is a whole time work. The work is allotted to them by the Gram Panchayat in accordance with the needs and availability of the persons. They are asked to undertake repairs of hand pumps in various programmes undertaken by the Public Health Engineering Department. Initially the members of the petitioner-union were given pay equal to Rs. 150/- per hand pump per year. The amount has been subsequently enhanced to Rs. 200/-per year per hand pump. At one time each hand pump Mistry had been given about 40 hand pumps but from 1987 the number has been fixed as 40. The petitioner has stated that in the garb of employment on contracl basis the State Government is exploiting the unemployed persons. Strange methodology has been adopted by the State Government to deprive the persons of the petitioner-union of salary in the regular pay scale. The petitioner has stated that Public Health Engineering Department has also in its service such hand pump Mistries and they are paid salary in the regular pay scale. The members of the petitioner-union are being subjected to discriminatory treatment. They are not being paid salary in the regular pay scale although they are carrying on the same type of work as is being carried out by hand pump Mistries employed in Public Health Engineering Department. Even the minimum wages are not being paid in terms of Section 5 of the Minimum Wages Act, 1948. The petitioner has asserted that the action of the Government as being violative of Articles 14, 16, 21, 23 and 39(d) of the Constitution of India as also in violation of the provisions of the Minimum Wages Act and the Government Notification dated June 25, 1990. The petitioner has claimed in the other writ petitions regarding payment of salary in the regular pay scale, regularisation of service and payment of at least minimum wages.

11. Petilioncrs in Writ No. 1512/91 have stated that they are employed as hand pump Mistries under Panchayat Samiti, Niwai. They are all trained persons and arc being exploited in the garb of employment on contract basis.

12. In their replies the Respondenls have admitted the factum of petitioners or members of the petitioner-unions working as hand pump mistries, however, it has been disputed that these hand pump mistries are employees of Panchayat Samities. In Radhey Shyam Dhobi's case it has been staled that the engagement of the petitioner is based on contract basis, a part-time job and not a full time job, there is nothing like relationship of master and servant between Pahchayat Samities and the hand pump mistrices. The work is of temporary nature and for undertaking this work, contractual employment has been given to the petitioners. It has been denied that they are discharging the duties at par with the hand pump mistries of Public Health Department. It has been asserted that they are not members of the Panchayat Samities and have no right either to gel salary in the regular pay scale or to get regularisation of their service. Similar replies have been filed in other Writ Petitions and the main bedrock of the contest made by the respondents is that none of the petitioners or the members of the unions are having relationship of master and servant with the Panchayat Samities. Their employment is purely of contractual nature for a specific job. They are not required to mark their attendance and are entitled to do their private work as well. The engagement is of part time nature and, therefore, none of the petitioners or the members of the petitioner-unions are entitled to the grant of salary in regular pay scale or regularisation in the service of Panchayat Samities.